Trial in Feldkirch – acquittal for pensioner who does not want to pay

They used to be friends, but now the 68-year-old retiree and the plaintiff no longer look at each other. Both feel betrayed. The pensioner for the truth, the 33-year-old moneylender for her money. The latter claims to have lent 23,000 euros to the defendant more than three years ago as a result of a one-off payment to the tax authorities. To repay the loan, a monthly payment of 200 euros was verbally agreed. However, after three terms it was over. She was repeatedly put off by the pensioner: “She manipulated and took advantage of me. “She knows how to arouse pity,” the 33-year-old claimed during the hearing in the LG Feldkirch on Thursday.

Only through her lawyer did she learn that the suspect had already completed a debt settlement procedure. Months after the pensioner’s last payment, a written contract was drawn up, but the debtor made no further payments. During the trial, the suspect denied being guilty of the charge of serious fraud. The pensioner also denies any intention of fraud. The plaintiff offered her a loan based on an inheritance. “I wanted to use the money to pay off my debts to the tax authorities and two rent arrears. The remaining amount should have served as a financial buffer,” said the 68-year-old. She herself would have proposed the monthly payment of 200 euros to the lender. “Unfortunately, I became seriously ill and was out of action for a year.” Hip surgery, including medical and therapy costs, left her in a financial hole.

Although she always tried to resolve the matter with the financier – “but she always avoided direct confrontation.” Ultimately, Judge Alexander Wehinger acquitted the defendant of the charge of serious fraud and remanded the plaintiff and her private party claims to the case. Civil story. Reason: “If you agree to payments from the start, you should have done so in writing.”