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Old 05.03.2013, 22:54
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Update:

The Konkursanforderung (bankruptcy requirements) was picked up by the Schuldner (debtor) on the 8th of February. The debtor had 10 days to reply or pay. Nothing.

I sent off copies to the local responsible court. According to the people at the court's offices, they will send an invoice for CHF 1800.- (not a misprint: 1800). Once this is paid, they will initiate the forced bankruptcy of the debtor via the court. If I retract the forced bankruptcy up to 24 hours before the set court date, I will receive all but CHF 100.- back.

Before paying this amount, I will double check with the local Betreibungsamt to see if this debtor has any Verlustschein (statement of loss) on their name. If so, I will go with plan B. Will cost me 10 or 15 Franks - but a lot less than the 1800

Plan A: To pay the CHF 1800.- and let the courts attempt to obtain the few thousand more for me.

Plan B: To pay the CHF 1800.- and use this as a scare tactic - then withdrawal the forced bankruptcy before the court date, accepting my loss and marking it off to experience.

Does anybody have any experience with this - from either side of the table? I am curious of the reputation damage to the debtor. Will a bankruptcy stay on their record or name? Will it be removed after time? Looks like I need to get my nose back into Google and see what I can find.
JC
If the person has no money or is on social benefits they will be laughing at you. You may see 100k plus of outstanding claims its not unusual.
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