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Old 23.05.2011, 20:56
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Unfair Betreibung from my wife

Hello everybody. I am a new user of this forum and new in Switzerland also. I have a big problem and a little time so I had to open a new thread ( I know its not recommended for new users, I am really sorry) to complain and to ask for advice at the same time...

I have becomed a betreibung without any other warning before (mahnung) from my wife for not paying the owes for 1 and half year living together, because we live separated (getrent) a year from now...

Last time when we were in the Court it was decided that I dont have the sufficient money to pay it at the moment and this amount was like 14.000 chf and my lawyer said that it is logicall that somewhen in the future I would have to pay the half of this, but today I got letter from Betreibungamt and I was schocked, my wife did send me in Betribung for 28.000 ch for one and half year living toghether and not paying the dues!!!!

I mean how is that possible anyone could send anyone else in betreibung for amount of money that dosent have any logicall explanation just by whish (a guy that works there told that theoretically it was possible) and now I have like 10 days to complain and it will end up in court after a few months or a year...

But I dont have so much money and I know that this amount cannot be for real!!! I am schocked,deprived and scared I dont know what to do!!! Thats why I decided to ask for any advice by the only english speaking forum for people living in Switzerland.

I am sorry for my bad english, its not my mother tongue.
Any advice would be appreciated. Thanks to all of You.
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Old 23.05.2011, 20:58
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Re: Complaining and asking for a advice

Welcome to the forum.
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Old 23.05.2011, 21:04
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Re: Unfair Betreibung from my wife

Have you approached Caritas Debt Counselling already ?

http://www.caritas-schuldenberatung.ch/de
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Old 23.05.2011, 21:06
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Re: Unfair Betreibung from my wife

I believe that you can reject the Betreibung and then it is up to your wife to demonstrate that you do owe the money. If you actually have a letter from the court saying that you do not have to pay right now then you should be ok. If you don't then you may need legal advice.
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Old 23.05.2011, 21:19
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Re: Complaining and asking for a advice

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Welcome to the forum.
Thank You.
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Old 23.05.2011, 21:24
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Re: Unfair Betreibung from my wife

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Have you approached Caritas Debt Counselling already ?

http://www.caritas-schuldenberatung.ch/de
jrspet thanks for Your reply. No, I havent yet...
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Old 23.05.2011, 21:31
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Re: Unfair Betreibung from my wife

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I believe that you can reject the Betreibung and then it is up to your wife to demonstrate that you do owe the money. If you actually have a letter from the court saying that you do not have to pay right now then you should be ok. If you don't then you may need legal advice.
Thanks Mikey for Your advice. I have a copy from Bezirksgericht Dietikon verdict. I think I could used it. Or maybe I would be better to call my lawyer that used to represnt me at the court, he was paid from the town "stadt".
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Old 23.05.2011, 21:35
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Re: Unfair Betreibung from my wife

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Thanks Mikey for Your advice. I have a copy from Bezirksgericht Dietikon verdict. I think I could used it. Or maybe I would be better to call my lawyer that used to represnt me at the court, he was paid from the town "stadt".
Just be careful. You need to reject it within a certain timeframe otherwise you will have to pay or have a black mark on your records.
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Old 23.05.2011, 21:56
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Re: Unfair Betreibung from my wife

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Just be careful. You need to reject it within a certain timeframe otherwise you will have to pay or have a black mark on your records.
They told me that I have something like 10 days or so to comply... But I wouldn`t really want to pay that amount of money after some time also... Thats funny, she could have asked for 100.000 chf but its not for real, it just means that literally everybody could send anyone else in betreibung just if he whishes so, and if you dont react than you have to paid it...Hmmm....
Anyway thanks for Your reply. I am so deprived right now that I thought my brain was blocked before, I didnt had really any idea what to do
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Old 23.05.2011, 22:00
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Re: Unfair Betreibung from my wife

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They told me that I have something like 10 days or so to comply... But I wouldn`t really want to pay that amount of money after some time also... Thats funny, she could have asked for 100.000 chf but its not for real, it just means that literally everybody could send anyone else in betreibung just if he whishes so, and if you dont react than you have to paid it...Hmmm....
Anyway thanks for Your reply. I am so deprived right now that I thought my brain was blocked before, I didnt had really any idea what to do
Yeah, ex-wives can do that to you It's all a bit of a game to some of them. The trick is not to let it bother you too much if you can.
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Old 23.05.2011, 22:13
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Re: Unfair Betreibung from my wife

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Yeah, ex-wives can do that to you It's all a bit of a game to some of them. The trick is not to let it bother you too much if you can.
Yeah, You are right, they are complicated sometimes... Anyway I will try to reach my lawyer tomorrow and I will share it here if something happens...
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Old 23.05.2011, 22:18
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Re: Unfair Betreibung from my wife

Just oppose it, then it's up to her to prove her case.

Tom
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Old 23.05.2011, 22:43
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Re: Unfair Betreibung from my wife

It is unlikely that a court would leave an open ended pay back date. What terms did the court place on repayment ?
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Old 24.05.2011, 19:36
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Re: Unfair Betreibung from my wife

Hi to every, body. Thanks to all of You for the replyes. Yes I would reject it definietly just like st2lemans said but I must first speak to my lawyer (I couldnt reach him today) and I must oppose it, those are definietly not my debts...

To Upthehatters2008: It was nothing said for repayment, it was just decided that everything in our apartment belongs to her and I didnt contest, it was decide that my little doughter should live together with my wife, that I have to pay child support, that I already left the appartment and my wife would use it, and that from now on we would live "getrent" (not "geschiden") for unlimited period of time...
It was pretty much all...

I got a letter from our landlord that our appartment months salary was not payed for a long period of time after I left the appartment and it was like 14.000 and he was asking half of them 7.000, although I was giving money every month to my wife to take carre for it because she was "arbeitslos". My lawyer refused it and wrote back that i didnt have enough resources to pay it...This amount I am ready to pay but definietly not 28.000!!!
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