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ViewMate Posting VM 96952

Submitted by Lawrence Haydu

Information Picture Question
Category: Translation - Hungarian
Approval Date: 1/19/2022 12:30 PM
Family Surname:
Country: Hungary
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Letter, undated and part 1 of 3 parts, to my father from his friend from childhood

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On  Response 
1/21/2022 6:16 PM My dear Béluska!
I'm striving to answer your letter of the 6th of this month as quickly as possible, because firstly I owe you thanks for the pictures you sent, on which you are still the old Béla and haven't changed, and to your wife, please allow me to express my most heartfelt good wishes, in the name of all of us. Even sight unseen I knew that your wife could only be a woman of kind and benevolent countenance, but with the picture we could be convinced not only of this, but also of her striking good looks.
I consider it very important that I dispel your misconceptions that can definitely be felt from your letter. This is of course concerning the matter with the savings bank. You write, my Béluska, that there is no reason for litigation. I can only answer to this that if the debtor denies payment to the creditor, then the claim can only be collected if one first sues, and wins the suit, and then executes the judicial decree on the debtor, in the process of which the debtor either finally pays, or allows himself to be put to auction. Concretely: the savings bank is not paying, citing as the reason the devaluation of the pengő, with its valorization the subject of judicial deliberation, and as the wheat-equivalence was only stipulated for services rendered as rent or allowance, they do not recognize the wheat-equivalence for purchase price arrears. This is why the savings bank should be sued, so that the court can determine how much they should pay, and after this determination we could collect from them. This is the reason for the litigation. This is not about the acceptance or rejection of a contract, because there is no argument about that between us and the bank. The argument is that, based on the contract, we wish to enforce our rights, but the bank is secluding itself from this enforcement, which cannot be decided and validated by any means other than litigation.
The declaration of death was necessary because until we prove -- in the absence of register extracts, with a judicial decree -- that your poor late parents are deceased, they are considered to be officially and formally still living. The result of the death declaration proceedings is that your parents were already deceased in 1944. The timing of the death declaration is immaterial; it can be judicially determined even in 1960 that someone died in 1944. As you know, your claim against the bank is based solely on the certification of your parents' death before April of 1945. This certification could only be achieved with the declaration of death. Without it, the savings bank would not pay you even if you agreed on the amount to be paid.
The fact that your claim against the savings bank is rightful and due to you under all circumstances is not under question for even a second. I never wrote such a thing to you. I only wrote, and repeat now, that in the current circumstances, it is not practical to pursue your claim using the only possible recourse of a suit. I wrote this because in this suit, you, as American citizen plaintiffs, would be required by the Hungarian litigation regulations to deposit a so-called legal expense surety into a judicial trust account. This is the trust deposit obligation. It is required not just of American citizens, but of all foreign citizens who bring suit in Hungary against a Hungarian citizen. This is not a new law; it has been in place since 1911. (But) the trust deposit obligation is not the deciding factor. The deciding factor is solely that in the course of the ongoing socialization, a government decree has suspended all suits currently in process against the first-round coal mines and heavy industry companies. The second round of socializations included banks; this is a done deal, and in fact -- as you have doubtless read or heard -- industrial companies employing more than 100 people have also been socialized, and by analogy, [...]

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