Legal Question in Credit and Debt Law in Germany

Dear Madam:

First of all - your question is not quite clear to me: Who of you is living in Germany? You and your husband or your hunsband's brother? Only in the latter case, it would be a "German" case, otherwise your husband would be well advised to seek a judgement in the State where his brother lives. And of course, since apparently your husband can prove his payment (he will have probably not sent cash), prospects to successfully sue his brother should not be so bad.

Kind regards,

Sebastian P�tter

Rechtsanwalt

Dear Madam:

I would like to add to the statement of my colleague that any recording of the payments does not necessarily give sufficient proof on the reason why the money was transferred. However, in order to demonstrate that the purpose of the payment was not achieved you would have to show what the purpose actually was. You would have to produce evidence (contracts established in writing, e-mail correspondence, witnesses) on whether a loan was intended or a partnership in the business.

With kind regards

Henning Haarhaus

Kanzlei Haarhaus

Lepsiusstr. 83

12163 Berlin