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Old 05.01.2013, 04:30
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Contract Breach: Not Paid by For Work from Other Country

I was not paid for few last months of remote work for Switzerland based company. I had only email agreement (open ended) with the employer (president/owner of the company). It's already almost 3 years since I didn't get any response from the owner/company. But the agreement we had states that I will be paid interest on any amount unpaid. And company still uses/sells work that I did (desktop program with some further modifications).

The reason the agreement was terminated by me because employer didn't have money to pay at that time (and was offering lower payment - new agreement to work other month with fine if I don't complete it in time - so I rejected new offer and with this terminated original contract (making employer unhappy).

Should I be worried that the money+interest company/owner still owes to me can not be claimed anymore? I'm afraid he doesn't want to pay me at all/never so not answering.

Can someone advise what options do I have here.
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Old 05.01.2013, 09:42
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Re: Contract Breach: Not Paid by For Work from Other Country

You need to go through the debt recovery procedures of Switzerland. Is it really three years since you had contact with the company?
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Old 05.01.2013, 10:46
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Re: Contract Breach: Not Paid by For Work from Other Country

The Swiss debt recovery system is slow, and there are regulations, many.

You need to give us the name of the town where your debtor lives, and we can give you the name and address of the local Swiss agency. www.local.ch

You will need to provide proof of your claim: the contract, copies of bank transfers made etc.

There are time limits for a claim, and you will have to pay a fee before they start the process, but the fee you pay is claimed together with the debt.
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Old 05.01.2013, 22:26
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Re: Contract Breach: Not Paid by For Work from Other Country

NotAllThere,

yes, it is almost 3 years, I contacted debtor by email (cc'ing company accountant) few times and didn't get reply on offers to start paying debt in parts at least, if the company still has difficult financial situation.

Sbrinz,

Company's main office is in Riehen (Basel).

I have only electronic correspondence (no paper): emails and that web spreadsheet shared by debtor with me where he entered all the calculations amounts with interest that he owes and new agreement conditions he was offering which I rejected to accept. Do you think this could be enough?
I don't know Swiss laws but I've read somewhere that if I don't get money in 3 years I can loose them.

I know in some countries even verbal contracts are enforceable (California), so I hope there is something for electronic communication/agreements too in Europe.
In my country such agreements that is not on paper with signs is thrash.
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Old 05.01.2013, 22:34
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Re: Contract Breach: Not Paid by For Work from Other Country

I've found this collection agency
https://secure.creditreform.ch/index.php?id=60&L=1

and if I translate correctly they do what I need:

"the debt collection agency contacts the debtor instructing him to pay within a certain time limit, or challenge the debt. If the customer still doesn’t pay the debt or bill, doesn’t challenge the debt and nothing else is agreed, the debt collection agency can proceed with legal actions."

I think it could be just enough someone to contract that person and explain that hiding is not good.
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Old 06.01.2013, 00:11
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Re: Contract Breach: Not Paid by For Work from Other Country

If the company was in financial difficulty three years ago, what makes you think it has the money to pay you now?

Before you go paying debt collection fees, I'd suggest you make sure you are going to get something out of it.
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