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Old 20.01.2017, 11:19
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Rechtsvorschlag to Betreibung, what's next?

Hello all,


I hope someone can help. I have raised a Betreibung to a person who owns me money by court order. The Zahlungsbefehl was returned to me with Rechtsvorschlag. Has anyone walked this way? What is next? What do I have to do now? I know I have to ask the court now to rule, but how does it work in practice?
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Old 20.01.2017, 11:23
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Re: Rechtsvorschlag to Betreibung, what's next?

In your case you would go the way of Art. 80 SchKG
https://www.admin.ch/opc/de/classifi...index.html#a80

As according your location you life in Canton Zurich this is the relevant information and forms: http://www.betreibungsinspektorat-zh...et_bes_def.php
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Old 20.01.2017, 21:40
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Re: Rechtsvorschlag to Betreibung, what's next?

Hi there ,

Well yes as per links above , however you need to review your success chances because Swiss courts are totally unpredictable and you may end up with more losses than before

Best Regards
Alex
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Old 23.01.2017, 16:10
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Re: Rechtsvorschlag to Betreibung, what's next?

what's the amount we're talking of? (if I may ask)

Do you have a 'Rechtsschutz-Versicherung' (legal protection insurance)?
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Old 23.01.2017, 16:42
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Re: Rechtsvorschlag to Betreibung, what's next?

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what's the amount we're talking of? (if I may ask)

Do you have a 'Rechtsschutz-Versicherung' (legal protection insurance)?


Its about 25 000 CHF. I don't have this Versicherung. I have a court ruling.
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Old 23.01.2017, 16:47
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Re: Rechtsvorschlag to Betreibung, what's next?

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I have a court ruling.
With a Swiss court rulling the process is simple and allready described according to Art. 80 SchKG. Just fill in the relevant forms allready linked, pay the fees. Then district court checks everything, will remove the Rechtsvorschlag, and you can proceed with the Betreibung. .
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Old 23.01.2017, 17:04
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Re: Rechtsvorschlag to Betreibung, what's next?

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With a Swiss court rulling the process is simple and allready described according to Art. 80 SchKG. Just fill in the relevant forms allready linked, pay the fees. Then district court checks everything, will remove the Rechtsvorschlag, and you can proceed with the Betreibung. .
ok 25000 is well worth doing the whole process! Good Luck!
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Old 23.01.2017, 19:06
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Re: Rechtsvorschlag to Betreibung, what's next?

So you already have the court ruling (final I guess) and now have to go through the process of getting the money. Keep up the spirit. Almost there
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Old 23.01.2017, 19:22
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Re: Rechtsvorschlag to Betreibung, what's next?

You can file a "gesuch um definitive Rechts÷ffnung" (i.e. a request to set-aside objections of the debtor). On the assumption the debtor is in Zurich, here is the relevant form: http://www.gerichte-zh.ch/fileadmin/...tsoeffnung.pdf

If you need a lawyer, just send me a PM.
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