Limitation of claims from warnings for illegal file-sharing use
Crucial for the start of the limitation is not in the alleged time of the file sharing, but the day on which the notice of your name and address through a court reference decision (§ GCA/101) of knowledge. According to § 195 BGB , the limitation period regularly for 3 years, however, begins the period referred to in § 199 of the German civil code “with the end of the year, in the 1. the claim arose and 2. the creditors of the circumstances establishing the claim and of the Person of the debtor's knowledge, or without gross negligence should have obtained”. Sounds complicated, so an example:
- Warning received on 15.06.2012
- At the beginning of the limitation period as at 31/12/2012 24:00 PM
- At the end of the period of limitation on 31.12.2015 24:00 PM
Warning, only get one or two years after the alleged file-sharing
The file-sharing lands-warning, only a year or two later in your mail box, it is difficult to say when the limitation occurs. They do not know when the warning has to find a lawyer because now your name and your address.
- Here it is recommended, a request for access to files in the decision to file the information, the country to court.
- Information to get you there, but only if you are affected yourself, and a copy of your warning, enclose the application, as well as the reference number of the authorisation order of the land court to specify.
Application for inspection of files in the resolution file
Also for private persons in civil legal information, the files process request for inspection at the competent country court easily. Here there are three possibilities:
- Inspection of the file at the place of residence of the person Concerned. Cost: Just postage. Here is the sample letter.
- Requirements copies of the decision to file or Files into components. Costs: 50 cents per sheet, from the 51. Page 15 cents per page. Here is the Link to the pattern writing.
- Engaging a lawyer to review the files. The cost of this should you ask before hiring.
Suspension of the limitation period
During the three-year limitation period to a court order because of file sharing, you should speak to this in extent. However, extended a court order, the time to Onset of the period of limitation of 6 months (cf. § 204 BGB). Similarly, settlement negotiations to extend the limitation period, provided that the settlement offer was not made in the year in which the warning arrived.
- Attention! As a comparison, negotiation a phone call can be seen in the of these kinds of cases to a reduction of the required warning costs will be asked.
- In the above example, the limitation period in the case of inhibition would, therefore, until the 30.06.2016.
Court order or request for payment after the Statute of limitations
- If you after the Statute of limitations, contrary to expectations, however, still a demand for payment or a court order, you or your attorney immediately, in a short Letter, the plea of the Statute of limitations under § 214 BGB are asserted.
- Although the claim is not legally expired, you are entitled to as a debtor after the Statute of limitations, to deny the benefits. Do not, do not respond, it may, under certain circumstances, even to a writ of execution, or in the worst case, to a default judgment because the courts automatically check whether a claim is time-barred.
