fighting an abusive unfair betreibung - Page 2

swisspea · #21 15.03.2012, 20:51

If he declared the rental income there should be an accurate reporting of the amount that you paid, as part of his financial statements...and in his tax returns...

I hope you paid by bank transfer and not 'cash in hand' ? Sometimes the biggest burden of these sorts of arguments is the hassle of having to pull all the paperwork together...

Caviarchips · #22 16.03.2012, 06:24

	Quote:	swisspea
	If he declared the rental income there should be an accurate reporting of the amount that you paid, as part of his financial statements...and in his tax returns... I hope you paid by bank transfer and not 'cash in hand' ? Sometimes the biggest burden of these sorts of arguments is the hassle of having to pull all the paperwork together...

Why is that relevant?

Devious Dad didn't say that he hadn't paid - just that he hadn't paid the right amount

Anjela · #23 16.03.2012, 09:28

I think Swisspea might mean that it's possible F-in-L hasn't paid tax on the rental income, which would land him in big trouble presumably.
But he'd be very stupid if that's the case to have take out a complaint against the son-in-law.

OP; do you have any kind of communication with your wife? If so, what does she think?

aSwissInTheUS · #24 16.03.2012, 10:11

If OP did underpay rent he would be in debt to his FiL. Afaik FiL has to declare this as an asset on his tax declaration.

stuart123 · #25 20.03.2012, 21:54

	Quote:	Anjela
	I think Swisspea might mean that it's possible F-in-L hasn't paid tax on the rental income, which would land him in big trouble presumably. But he'd be very stupid if that's the case to have take out a complaint against the son-in-law. OP; do you have any kind of communication with your wife? If so, what does she think?

Nope, no contact with the wife - at least with respect to these type of things. She lives with her parents now and so would 'toe the family line' so to speak.

I don't think there's any issue for the FiL and taxes. You just simply can't go to people 14 months after they move out and announce that you were underpaid, especially when you have no rental contract to prove anything and never once complained about underpayments in the 4+ years that the house was rented..

leonie · #26 22.03.2012, 21:42

	Quote:	stuart123
	....................... 5. Father-in-law sends me a betreibung. I immediately sign the Rechtsvorschlag. The father-in-law does not have a hope in hell of winning this case should he try to take me to court, especially since he never previously said we owed him money. Very convenient that this comes to light at the time of a divorce. We never signed any rental contracts with the parents. They have no proof and there was never any verbal agreement (certainly not from my side) to make additional payments. The father-in-law is doing this because he wants to make life difficult for me. On a point of principle I want to fight this.. either he stands up in court and proves I owe the money or the Betreibung is removed. My lawyer says there is not much that can be done about the Betreibung, but I cannot accept this. I am prepared to fight. It is malicious to screw somebody's credit history like he is doing to me. Is it really this hopeless in Switzerland?

You have signed the Rechsvorschlag, so this should be OK, right? The next step is not yours but the father-in-law's. Betreibung is a legal way to settle financial disputes here and is not something to be so afraid of... We had 4 or 5 Betreibungs while living in Switzerland. Signed the Rechtsvorschlag for all of them, went to court about some. In a meantime bought a house, received a C permit, later received Swiss citizenship. No problem from having these Betreibungs at all.