Go Back   English Forum Switzerland > Living in Switzerland > Daily life
Reply
 
Thread Tools Display Modes
  #1  
Old 14.10.2015, 20:30
Newbie
 
Join Date: Dec 2014
Location: Lausanne
Posts: 5
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
Zhiyong has no particular reputation at present
About poursuite ordinaire

Hi, guys,

I want to know how serious this could be. I didn't pay the house insurance (assurance de menage) this year, then received a prosecution (commandment de payer pour la pursuit ordinaire) yesterday. I didn't want to get myself into trouble, so I paid it today with all fines.

I want to know whether this will leave some criminal record?

Thanks,
Z
Reply With Quote
  #2  
Old 14.10.2015, 20:30
Sean Connery's Avatar
Forum Legend
 
Join Date: Nov 2011
Location: Zurich
Posts: 4,924
Groaned at 75 Times in 70 Posts
Thanked 6,395 Times in 2,931 Posts
Sean Connery has a reputation beyond reputeSean Connery has a reputation beyond reputeSean Connery has a reputation beyond reputeSean Connery has a reputation beyond reputeSean Connery has a reputation beyond reputeSean Connery has a reputation beyond repute
Re: About poursuite ordinaire

no criminal record
Reply With Quote
  #3  
Old 14.10.2015, 20:39
Newbie
 
Join Date: Dec 2014
Location: Lausanne
Posts: 5
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
Zhiyong has no particular reputation at present
Re: About poursuite ordinaire

Quote:
View Post
no criminal record
In future, if I need l'attestation non poursuite, I can still get it?
Reply With Quote
  #4  
Old 14.10.2015, 20:41
Sean Connery's Avatar
Forum Legend
 
Join Date: Nov 2011
Location: Zurich
Posts: 4,924
Groaned at 75 Times in 70 Posts
Thanked 6,395 Times in 2,931 Posts
Sean Connery has a reputation beyond reputeSean Connery has a reputation beyond reputeSean Connery has a reputation beyond reputeSean Connery has a reputation beyond reputeSean Connery has a reputation beyond reputeSean Connery has a reputation beyond repute
Re: About poursuite ordinaire

yes. and if you paid the debt, it will not be listed - in theory.
Reply With Quote
  #5  
Old 14.10.2015, 20:47
Newbie
 
Join Date: Dec 2014
Location: Lausanne
Posts: 5
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
Zhiyong has no particular reputation at present
Re: About poursuite ordinaire

Quote:
View Post
yes. and if you paid the debt, it will not be listed - in theory.
That is a big relief. Thank, Sean. Otherwise I even will have troubles to rent a flat.
Reply With Quote
  #6  
Old 14.10.2015, 20:54
Senior Member
 
Join Date: Feb 2012
Location: Zürich
Posts: 352
Groaned at 5 Times in 4 Posts
Thanked 214 Times in 126 Posts
transeuropeancheese has made some interesting contributions
Re: About poursuite ordinaire

Quote:
View Post
yes. and if you paid the debt, it will not be listed - in theory.
So sorry but this is wrong - he or she got a commandement de payer (Zahlungsbefehl) and paid it. So the debt will be listed in the registre des poursuites (as "paid") for 5 years and appear on their extract, unless they ask the creditor to have it removed.


If they had paid it BEFORE the commandement de payer was issued, they could oppose the poursuite and then get it removed from the register (with effort and court fees). But this does not seem to be the case. What is true is that it will not appear on the criminal record.
Reply With Quote
This user would like to thank transeuropeancheese for this useful post:
  #7  
Old 14.10.2015, 21:05
Newbie
 
Join Date: Dec 2014
Location: Lausanne
Posts: 5
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
Zhiyong has no particular reputation at present
Re: About poursuite ordinaire

Quote:
View Post
So sorry but this is wrong - he or she got a commandement de payer (Zahlungsbefehl) and paid it. So the debt will be listed in the registre des poursuites (as "paid") for 5 years and appear on their extract, unless they ask the creditor to have it removed.


If they had paid it BEFORE the commandement de payer was issued, they could oppose the poursuite and then get it removed from the register (with effort and court fees). But this does not seem to be the case. What is true is that it will not appear on the criminal record.
Could I ask the creditor to get the prosecution removed from my record? Or to ask the creditor to withdraw the prosecution?
Reply With Quote
  #8  
Old 14.10.2015, 21:07
Forum Legend
 
Join Date: Sep 2010
Location: Neuchatel
Posts: 19,385
Groaned at 369 Times in 276 Posts
Thanked 22,387 Times in 10,074 Posts
Odile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond repute
Re: About poursuite ordinaire

You can try, but they don't have to: (from ch.ch)

How do I go about getting a debt enforcement record deleted?


You have paid the amount due or your objection has been accepted. If you do not want the record of the debt enforcement proceedings to remain in the debt enforcement register (and therefore appear on an extract from the register), you should ask the creditor for a document declaring that he or she has withdrawn the debt enforcement claim. This declaration must be submitted to the competent debt enforcement office.
If the creditor does not agree to withdraw the debt enforcement claim, you have to wait five years after paying the debt until you can ask for the record to be deleted from the debt enforcement register.
If you want to have the record deleted before this five-year period is over, you have to apply to the court which dealt with the case and prove that no debt ever actually existed or that it was unenforceable at the time the payment summons was issued.
Reply With Quote
  #9  
Old 14.10.2015, 21:33
Jack of all trades.'s Avatar
Forum Veteran
 
Join Date: Jun 2009
Location: Basel
Posts: 738
Groaned at 21 Times in 14 Posts
Thanked 609 Times in 286 Posts
Jack of all trades. has an excellent reputationJack of all trades. has an excellent reputationJack of all trades. has an excellent reputationJack of all trades. has an excellent reputation
Re: About poursuite ordinaire

Quote:
View Post
yes. and if you paid the debt, it will not be listed - in theory.
Pity.

Not paying insurance. omg
Reply With Quote
  #10  
Old 14.10.2015, 21:43
jacek's Avatar
Forum Legend
 
Join Date: Oct 2007
Location: Aargau
Posts: 7,446
Groaned at 96 Times in 76 Posts
Thanked 4,827 Times in 2,766 Posts
jacek has a reputation beyond reputejacek has a reputation beyond reputejacek has a reputation beyond reputejacek has a reputation beyond reputejacek has a reputation beyond reputejacek has a reputation beyond repute
Re: About poursuite ordinaire

If you paid late, most likely it will be "ordinary pursuit". If you didn't pay at all then it might end up being nasty "extraordinary pursuit"
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Naturalisation (ordinaire): Interview questions (by the conseiller municipale) MoXito Permits/visas/government 1 07.10.2015 23:15
Poursuite copes Employment 4 19.04.2013 17:23
Filing a poursuite jimdrake Finance/banking/taxation 19 15.03.2013 20:10
Urgent! help needed. I got a poursuite ( DE: Betreibung ) that I have no clue about! yezi Finance/banking/taxation 50 29.05.2012 16:07
Poursuite ??? Laurel Moore Complaints corner 16 19.08.2008 19:36


All times are GMT +2. The time now is 12:49.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2016, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0