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Debt is a civil matter. I don't think overseas debts are enforceable in US Courts unless the government wanted to pursue a civil suit - an unlikely occurance. US citizens leave debts in the Middle East and Asia all the time. I have never heard of them being enforced here in the US.
Of course if one travels to the EU then you could potentially be tagged or held for them.
Its a bit of a crap shoot to do nothing and hope that either the German Govt. or the nursing home chooses not to seek to have a German judgement enforced by a US court.
Its a bit of a crap shoot to do nothing and hope that either the German Govt. or the nursing home chooses not to seek to have a German judgement enforced by a US court.
That's the part of this issue bothering me the most. The idea that your acting slowly or refusing to act at all over an issue anyone would logically and genuinely feel has no bearing on them whatsoever could result in the full weight of your own countries legal system being turned loose like attack dogs to turn your life completely upside down, is just too bizarre to grasp.
I understand that most countries involved in reciprocal arrangements like extradition agreements etc., are sometimes willing partners to the abrogation of implied rights of individuals, but good grief, this case beggars the imagination as to what is actually to be gained versus the ill-will and image created.
It wouldn't be "Germany" coming after him it would be a German debtor in US courts. Unless he inherited assets of the deceased I doubt they would succeed in court or even press the claim. If he accepted assets then he's in a weak position to dispute the debts.
Thats true. If he did inherit assets, its a different issue.
But as far as his own assets and retirement income (and that also includes social security) are concerned Germany can forget it.
I would tend to think this is a fault of the US government. The requirement for a consulate visit or similar is present in virtually any dealing with a foreign national outside the country where the action is initiated. Nothing peculiar to Germany. I have dealt with such things involving Mexico and France. We had effectively the same requirements as the Germans and simply met them.
I am not sure exactly what problem it is we want to fix. That the legal system requires an old person to travel? At their own expense? Happens all the time inside the US. A few years ago I had to fly back and forth across the country in a legal matter. It was annoying but the thing had to be dealt with somewhere and there was not much of a way to depose people if someone did not travel.
I could have petetioned the court if I was willing to claim I was too old and weak to travel. But to do that I would need to pay a lawyer.
This is simply one of the world is not perfect cases...but I suspect any proposed fix may be worse than now.
Did this old man accept an inheritance? Did he get money?
This man wants to deny the inheritance. The deceased, his brother, has been estranged from family members for over 50 years! His brother had been in jail for assaulting a woman with a hammer. The German state/social services had him committed to a nursing home a few years back because he became unable to care for his personal needs. The debt is from the nursing home bills for his estranged brother in Germany.
So the answer is no he did not accept any inheritance.
Unfortunately, Germany might make it your problem by having a US court enforce the debt.
No doubt you would also tell them to 'pound sand' if there was an inheritance coming your way rather than a debt.
There is no way a US court would hold me liable for someone else's debt in Germany. I see there was mention of assets received in later posts, but that is entirely different from holding me responsible for someone else's debt when I had absolutely nothing to do with them and received no assets from them.
Exactly! If anyone has relatives who are German citizens, be aware that this can happen to you. The debt is considered yours unless you can travel to a German consulate and pay a German notar to verify your signature denying the inheritance. After that, Germany will then pass on the debt to your children.
It doesn't sound that bad. I would just take the flight with him, go to the consult, and come back. It sound more like your relatives don't want to be bothered.
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