Trial in Feldkirch

Acquittal for pensioner unwilling to pay

Lawyer Manuela Schipflinger-Klocker (right) obtained an acquittal.

(Bild: Chantal Dorn, Krone KREATIV)

A private loan that has not been repaid has destroyed the friendship of two women. Now they met in the troublesome case at the Feldkirch regional court. 

They used to be friends, but now the 68-year-old pensioner and the plaintiff no longer even look at each other. Both feel cheated. The pensioner for the truth, the 33-year-old lender for her money. The latter claims to have lent the defendant 23,000 euros a good three years ago on the basis of a one-off payment to the tax office. An installment payment of 200 euros per month was verbally agreed to repay the loan. After three installments, however, it was over. She was repeatedly put off by the pensioner: "She manipulated me and took advantage of me. She knows how to arouse sympathy," the 33-year-old claimed in the hearing on Thursday at Feldkirch District Court.

She only found out from her lawyer that the defendant had already undergone debt settlement proceedings. Although a written contract had been drawn up months after the pensioner's last payment, the debtor had not made any further installments. During the trial, the defendant pleaded not guilty to the charge of aggravated fraud. The pensioner also denied any intention to defraud. The plaintiff had made her the loan offer due to an inheritance. "I wanted to use the money to pay off my debts to the tax office and two rent arrears. The remaining amount should have served as a financial cushion," said the 68-year-old. She herself would have suggested the monthly installment of 200 euros to the lender. "Unfortunately, I then fell seriously ill and was out of action for a year." A hip operation, including medical and therapy costs, left her in a financial hole.

She manipulated me and took advantage of me. She knows how to make people feel sorry for her.

Die Geldgeberin über die Angeklagte

She had always tried to settle the matter with the financier - "but she always avoided a direct confrontation." In the end, Judge Alexander Wehinger acquitted the defendant of the charge of serious fraud and referred the plaintiff with her private party claims to the civil courts. Reason: "If you agree that installments are to be paid from the outset, then you should have done so in writing."