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Old 22.02.2011, 12:36
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Re: Legal Action for overpayment

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Counterclaim what? No official claims have been filed, so he would be filing his own claim, not a counterclaim. It would be a so-called negative declaratory claim and given that they have threatened legal action, it would likely not be accepted by Swiss courts.

Yes, it is expensive. Why would he want to do anything? If they file (a civil claim), they have to prove their claims. Why would Bob want to take that on himself?
They are claiming from him, you don't have to start a court process to make a claim. He has received a letter of demand from them, Bob should reciprocate.

There exists no contract between Bob and the Payroll company. They have no claim. They have made odious accusations and are now exposed to claims for Crimen Injuria and possibly libel. Depending on Bob's standing in life, these could easily exceed the claim against him by a factor or two.

Bob has done nothing wrong unless he has claimed falsely. Even then, that is a matter between Bob and the Offshore agency.

Bob should wait for legal proceedings and then see a Solicitor. Bob should also consider
Pre-emptive claims for CI etc, perhaps Bob should pay for am initial consultation with a legal firm to put his mind at rest.

Bob has nothing to worry about.
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