Go Back   English Forum Switzerland > Help & tips > Finance/banking/taxation
Reply
 
Thread Tools Display Modes
  #1  
Old 16.06.2015, 19:10
Newbie
 
Join Date: Jun 2015
Location: ZUG
Posts: 5
Groaned at 3 Times in 2 Posts
Thanked 1 Time in 1 Post
dyve has become a little unpopulardyve has become a little unpopular
seeking lawyer

Hi to all,

Does anyone know and/or recommend a lawyer specialized in car lease contracts?

My case will go to federal court.

rgds
Reply With Quote
  #2  
Old 16.06.2015, 19:25
Member
 
Join Date: Jun 2013
Location: CH
Posts: 203
Groaned at 4 Times in 4 Posts
Thanked 665 Times in 164 Posts
lawyerd has a reputation beyond reputelawyerd has a reputation beyond reputelawyerd has a reputation beyond reputelawyerd has a reputation beyond reputelawyerd has a reputation beyond repute
Re: seeking lawyer

Just to clarify: you say your case will go to federal court, are you therefore already appealing a lower court and subsequent court of appeals ruling? If so, it's usually best to stick with your current attorney.
Reply With Quote
  #3  
Old 16.06.2015, 19:37
Newbie
 
Join Date: Jun 2015
Location: ZUG
Posts: 5
Groaned at 3 Times in 2 Posts
Thanked 1 Time in 1 Post
dyve has become a little unpopulardyve has become a little unpopular
Re: seeking lawyer

Quote:
View Post
Just to clarify: you say your case will go to federal court, are you therefore already appealing a lower court and subsequent court of appeals ruling? If so, it's usually best to stick with your current attorney.
I was claiming 250k chf, my lawyer decreased it to 170k chf "to be more realistic" we got 110k from lower court and the other party appealed and we got 60k. The verdict is enforceable and after 20days I have no money.
Reply With Quote
  #4  
Old 16.06.2015, 19:40
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 5,471
Groaned at 40 Times in 38 Posts
Thanked 7,830 Times in 3,524 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Re: seeking lawyer

If it is enforceable then you have to start the Betreibung either auf Konkurs or Pfändung.

Unless you are not happy with the 60k and the time for appeal is not over yet. Then Federal Court.
Reply With Quote
This user would like to thank aSwissInTheUS for this useful post:
  #5  
Old 16.06.2015, 19:55
Newbie
 
Join Date: Jun 2015
Location: ZUG
Posts: 5
Groaned at 3 Times in 2 Posts
Thanked 1 Time in 1 Post
dyve has become a little unpopulardyve has become a little unpopular
Re: seeking lawyer

Quote:
View Post
If it is enforceable the you have to start the Betreibung either auf Konkurs or Pfändung.
my lawyer sent me a Betreibung (a letter without Eingag Am and Betreibung nr) after 15days of the court decision. fyi the two lawyers are classmates. i am not implying anything but i have seen many things in my life, however i need to admit i am not familiar with swiss business ethics. in any case my question is, in how many days can i expect to receive my money taking into account that the leasing ag is financially sound and second, will the Betreibung affect their daily business?

thnx
Reply With Quote
  #6  
Old 16.06.2015, 20:00
me.anon's Avatar
Forum Veteran
 
Join Date: Jan 2012
Location: thun
Posts: 1,481
Groaned at 22 Times in 16 Posts
Thanked 1,839 Times in 899 Posts
me.anon has a reputation beyond reputeme.anon has a reputation beyond reputeme.anon has a reputation beyond reputeme.anon has a reputation beyond reputeme.anon has a reputation beyond repute
Re: seeking lawyer

Quote:
View Post
I was claiming 250k chf, my lawyer decreased it to 170k chf "to be more realistic" . . . .
250K CHF ? This was surely compensation for the shock and indignity at being handed a Migros budget ball point pen (or similar) to sign the lease contract ?
Reply With Quote
  #7  
Old 16.06.2015, 20:05
Newbie
 
Join Date: Jun 2015
Location: ZUG
Posts: 5
Groaned at 3 Times in 2 Posts
Thanked 1 Time in 1 Post
dyve has become a little unpopulardyve has become a little unpopular
Re: seeking lawyer

Quote:
View Post
250K CHF ? This was surely compensation for the shock and indignity at being handed a Migros budget ball point pen (or similar) to sign the lease contract ?
i see we have wise guys here. no, it was for illegaly disposing 3 x ferraris 1 x maserati and 1 x rolls royce, all part of my car collection.
Reply With Quote
This user would like to thank dyve for this useful post:
This user groans at dyve for this post:
  #8  
Old 16.06.2015, 20:24
litespeed's Avatar
Forum Veteran
 
Join Date: Feb 2006
Location: Dietikon ZH
Posts: 1,854
Groaned at 15 Times in 12 Posts
Thanked 2,398 Times in 730 Posts
litespeed has a reputation beyond reputelitespeed has a reputation beyond reputelitespeed has a reputation beyond reputelitespeed has a reputation beyond reputelitespeed has a reputation beyond reputelitespeed has a reputation beyond repute
Re: seeking lawyer

Quote:
View Post
i see we have wise guys here. no, it was for illegaly disposing 3 x ferraris 1 x maserati and 1 x rolls royce, all part of my car collection.
If they were leased, then they illegally disposed of their car collection.
Reply With Quote
The following 3 users would like to thank litespeed for this useful post:
  #9  
Old 16.06.2015, 20:28
Newbie
 
Join Date: Jun 2015
Location: ZUG
Posts: 5
Groaned at 3 Times in 2 Posts
Thanked 1 Time in 1 Post
dyve has become a little unpopulardyve has become a little unpopular
Re: seeking lawyer

Quote:
View Post
If they were leased, then they illegally disposed of their car collection.
did i day they were leased? come on, have no time for this.
Reply With Quote
The following 2 users groan at dyve for this post:
  #10  
Old 16.06.2015, 20:30
litespeed's Avatar
Forum Veteran
 
Join Date: Feb 2006
Location: Dietikon ZH
Posts: 1,854
Groaned at 15 Times in 12 Posts
Thanked 2,398 Times in 730 Posts
litespeed has a reputation beyond reputelitespeed has a reputation beyond reputelitespeed has a reputation beyond reputelitespeed has a reputation beyond reputelitespeed has a reputation beyond reputelitespeed has a reputation beyond repute
Re: seeking lawyer

Quote:
View Post
did i day they were leased? come on, have no time for this.
You asked for a lawyer specialising in lease contracts. now I have no time for this.
Reply With Quote
The following 5 users would like to thank litespeed for this useful post:
  #11  
Old 16.06.2015, 20:37
Member
 
Join Date: Jun 2013
Location: CH
Posts: 203
Groaned at 4 Times in 4 Posts
Thanked 665 Times in 164 Posts
lawyerd has a reputation beyond reputelawyerd has a reputation beyond reputelawyerd has a reputation beyond reputelawyerd has a reputation beyond reputelawyerd has a reputation beyond repute
Re: seeking lawyer

So you went to an attorney wanting to claim 250k. They lowered it to 170k. You went to court and received a ruling of 110k. Then the leasing company (?) appealed and the court of appeals awarded you 60k.

You say that this ruling is enforceable. By this I assume the time period to raise an appeal against the ruling of the court of appeals to the federal court has lapsed and therefore it is now "rechtskräftig"?. And 20 days after this you have not received the money? If so, you have no option to go to the Federal Court. You must start a new proceeding to enforce the court of appeals ruling.

This is done via a betreibung. In other words, you must file a betreibung against the leasing company. It will be handled in a "summarverfahren" should they contest. This means you would then have to file with the lower court again.. etc

However, it sounds like your attorneys filed a betreibung against you? Did you not pay your attorney and now want a new one??

(FYI: Switzerland is rather small, most of us are class mates if we are the same age)
__________________
*Above information is rudimentary and basic. Legal outcomes vary on individual circumstances. No liability for the content assumed.
Reply With Quote
This user would like to thank lawyerd for this useful post:
  #12  
Old 16.06.2015, 20:38
adrianlondon's Avatar
Forum Legend
 
Join Date: Nov 2009
Location: Basel
Posts: 8,922
Groaned at 190 Times in 173 Posts
Thanked 24,727 Times in 6,635 Posts
adrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond repute
Re: seeking lawyer

Quote:
View Post
did i day they were leased? come on, have no time for this.
We do. You're demanding free advice and getting shirty when you don't get it. Good luck with that.
Reply With Quote
The following 3 users would like to thank adrianlondon for this useful post:
  #13  
Old 16.06.2015, 21:17
dodgyken's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Democratic Republic Kenistan
Posts: 10,133
Groaned at 349 Times in 284 Posts
Thanked 18,288 Times in 6,956 Posts
dodgyken has a reputation beyond reputedodgyken has a reputation beyond reputedodgyken has a reputation beyond reputedodgyken has a reputation beyond reputedodgyken has a reputation beyond reputedodgyken has a reputation beyond repute
Re: seeking lawyer

What exactly happened?
- Did you lease lots of cars?
- Not pay the leases?
- Leave the leasing company owed lots of money
- Lease company took the cars
- Lease company sold the cars
- The amount they sold for was less than your valuation
- You sued for the difference.

Not sure why you need a specialist in "leasing" - surely it is just a straight forward debt case.
Reply With Quote
The following 2 users would like to thank dodgyken for this useful post:
  #14  
Old 16.06.2015, 21:21
TiMow's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Fribourg
Posts: 9,310
Groaned at 292 Times in 196 Posts
Thanked 12,189 Times in 5,300 Posts
TiMow has a reputation beyond reputeTiMow has a reputation beyond reputeTiMow has a reputation beyond reputeTiMow has a reputation beyond reputeTiMow has a reputation beyond reputeTiMow has a reputation beyond repute
Re: seeking lawyer

Quote:
View Post
Hi to all,

Does anyone know and/or recommend a lawyer specialized in car lease contracts?

My case will go to federal court.

rgds
Welcome to the real world forum.
Reply With Quote
  #15  
Old 16.06.2015, 21:52
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 5,471
Groaned at 40 Times in 38 Posts
Thanked 7,830 Times in 3,524 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Re: seeking lawyer

This may be a foolish question, but considering you want to go to federal court to get Money.


Did you actually send them a final payment request, including deadline and your bank details? No formal payment request, no no due date which is over due, no Betreibung, and more importantly no money to be expected.
Reply With Quote
The following 2 users would like to thank aSwissInTheUS for this useful post:
  #16  
Old 16.06.2015, 21:55
Forum Legend
 
Join Date: Oct 2014
Location: Ostschweiz
Posts: 3,392
Groaned at 114 Times in 92 Posts
Thanked 4,404 Times in 2,230 Posts
Urs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond repute
Re: seeking lawyer

Quote:
However, it sounds like your attorneys filed a betreibung against you? Did you not pay your attorney and now want a new one??
I think it was just the empty form, hence neither Betreibung# nor receipt date.
Reply With Quote
  #17  
Old 17.06.2015, 09:56
dodgyken's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Democratic Republic Kenistan
Posts: 10,133
Groaned at 349 Times in 284 Posts
Thanked 18,288 Times in 6,956 Posts
dodgyken has a reputation beyond reputedodgyken has a reputation beyond reputedodgyken has a reputation beyond reputedodgyken has a reputation beyond reputedodgyken has a reputation beyond reputedodgyken has a reputation beyond repute
Re: seeking lawyer

Looks like the OP has gone back under his bridge to wait for the goat family
Reply With Quote
The following 2 users would like to thank dodgyken for this useful post:
  #18  
Old 17.06.2015, 10:00
Forum Legend
 
Join Date: Jun 2008
Location: Zurich
Posts: 4,876
Groaned at 164 Times in 129 Posts
Thanked 10,086 Times in 3,397 Posts
k_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond repute
Re: seeking lawyer

Quote:
View Post
i see we have wise guys here. no, it was for illegaly disposing 3 x ferraris 1 x maserati and 1 x rolls royce, all part of my car collection.
first world problem?
Reply With Quote
  #19  
Old 17.06.2015, 23:32
Today only's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Europe
Posts: 4,052
Groaned at 497 Times in 304 Posts
Thanked 4,462 Times in 2,181 Posts
Today only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond repute
Re: seeking lawyer

Quote:
View Post
i see we have wise guys here. no, it was for illegaly disposing 3 x ferraris 1 x maserati and 1 x rolls royce, all part of my car collection.
Chf 60k for this lot......., must of been a lousy collection !
Reply With Quote
  #20  
Old 29.06.2015, 17:52
Forum Legend
 
Join Date: May 2006
Location: Near Geneva
Posts: 2,518
Groaned at 31 Times in 25 Posts
Thanked 2,773 Times in 1,354 Posts
Anjela has a reputation beyond reputeAnjela has a reputation beyond reputeAnjela has a reputation beyond reputeAnjela has a reputation beyond reputeAnjela has a reputation beyond repute
Re: seeking lawyer

Quote:
View Post
i see we have wise guys here. no, it was for illegaly disposing 3 x ferraris 1 x maserati and 1 x rolls royce, all part of my car collection.
Quote:
View Post
If they were leased, then they illegally disposed of their car collection.
I'm reading this as the OP leasing several cars to the leasing company and said company then disposing of what is still his property; he'd only leased them out, not sold them to the company.
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
Seeking a lawyer with UK & Swiss expertise, about remote working Frop Employment 7 30.04.2014 10:58
seeking an immigration lawyer for non-EU work permit application (Baselstadt/Land) beetie Permits/visas/government 4 04.03.2011 19:33
Seeking a Lawyer MrP Finance/banking/taxation 8 14.06.2010 23:07
Seeking English speaking lawyer in Lausanne Hyacinth Daily life 2 28.08.2008 23:43


All times are GMT +2. The time now is 00:27.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0