Whether legal action is advisable depends on the nature of the conflict, the evidence available and the applicable time limits. A suspected criminal offence and a civil claim are separate matters, but they may arise from the same set of facts. The following information is intended as general guidance and is no substitute for individual legal advice.
An internal report is not a prerequisite
You can report a problem to suchen.expert through the designated reporting channels or the contact form. Such an internal report can assist with reviewing adverts, content or possible breaches of the rules.
However, you do not have to wait for a response from support before contacting the police or a court, or seeking legal advice. A prior complaint to suchen.expert is not a prerequisite for filing a criminal complaint or pursuing your own claims in court. This applies in particular if a time limit is running or swift action is required.
If you suspect a criminal offence
If you suspect fraud, a threat, identity misuse, theft or another criminal offence, you can contact the police directly. In the event of imminent danger or if immediate police intervention is required, dial the emergency number 110 in Germany.
For non-urgent cases, depending on the federal state and the nature of the incident, you can use the German state police forces’ online reporting service. The online reporting service is not suitable for emergencies. In the event of violence, threats or imminent danger, contact the police immediately.
You can also report the matter to suchen.expert at the same time, but this does not replace filing a criminal complaint. The competent law enforcement authorities determine whether conduct constitutes a criminal offence and which investigative measures are required.
Assess civil claims separately
Claims for payment, repayment, performance of a contract, surrender of property or damages are generally civil matters between the people involved. They are not automatically enforced either by filing a criminal complaint or by submitting an internal report to the platform.
If it is appropriate and safe in the specific case, you can first write to the other person and ask them to satisfy a clearly specified claim. Describe what you are seeking and the basis for your claim. Set a reasonable deadline only if this is appropriate for the claim concerned. Keep the request and proof that it was sent.
What constitutes a reasonable deadline, and whether a request is required at all before taking further steps, depends on the individual case. If larger sums are involved, the contractual relationship is unclear, special formal requirements apply or time limits are already running, seek legal advice before taking action.
Secure evidence and be aware of different time limits
Keep the message history, the advert ID, the link and title of the advert, usernames, proof of payment and dispatch, invoices, photographs, and agreed dates and deadlines. Save the original files and do not alter evidence. Also prepare a brief chronological account of what happened.
Different time limits may apply to criminal complaints, contractual claims, warranty rights, rights of withdrawal, chargebacks with payment service providers and court proceedings. Do not assume that reporting a matter to suchen.expert suspends or extends a statutory, contractual or procedural time limit. If you are unsure, have the time limits that apply to your case checked at an early stage.
Further practical guidance can be found in the article How can I ensure that all important information and communications relating to transactions and interactions are correctly documented?
Legal advice assistance and legal aid
People on a low income and with limited assets may, under certain conditions, receive legal advice assistance for advice from a solicitor and representation outside court. The competent local court assesses whether the conditions are met.
Under certain conditions, legal aid may be applied for in court proceedings. In particular, the court assesses the applicant’s financial circumstances and the prospects of success of the intended proceedings. Legal aid does not eliminate every risk of costs. If the case is lost in full or in part, the costs of the opposing party’s legal representation may still have to be paid.
What role does suchen.expert play?
suchen.expert provides the platform and its reporting and support functions, but is not a party to transactions concluded between users. The platform does not decide private claims relating to payment, ownership, performance or damages, does not enforce such claims and cannot guarantee a refund.
Support may review possible breaches of statutory provisions or the General Terms of Service within the platform and, where appropriate, take moderation measures. Such a review does not replace court proceedings or an investigation by the authorities.
Personal data is not disclosed solely at the request of one party to a conflict. It is transferred to authorities, courts or other bodies only if there is a legal obligation or another permissible legal basis for doing so. There is no assurance that all requested data is available or may lawfully be disclosed. Further information is available in the Privacy Policy.
Cases with an international dimension
If a person involved lives abroad, a handover took place abroad or there are other cross-border circumstances, the applicable law, the jurisdiction of the courts and police, and the available procedures may differ.
The choice-of-law provision in the Terms of Use governs the relationship with the platform, but does not automatically answer every legal question between the users involved. You should therefore find out which rules apply in the relevant place and seek legal advice there if necessary.
