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Old 05.12.2012, 17:33
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Can they simply seize your money?

So my wife had a poursuite which she paid . the extra fine was not paid ....

Now they went along and simply took the money out of her account???? we got a copie from the letter from the bank. WTF ???? they should not have the power to just go into everyones bank account.
Whatever happened to the privacy ?

It is with the BCV btw

SO done deal or can anything be done? (it would be more out of principle than everything else)
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Old 05.12.2012, 17:38
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Re: Can they simply seize your money?

You can't get out of paying here, if there is no money in the bank they can get an attachment to earnings. FYI the possibility of Bankruptcy does not exist either!
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Old 05.12.2012, 17:39
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Re: Can they simply seize your money?

And they've probably heard you are leaving the country soon
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Old 05.12.2012, 17:43
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Re: Can they simply seize your money?

hehe should have closed the bank accounts before. it was for taxes something in the amount of 400 Which I took care of right away with the taxman . Tax said owed was 400! everything was fine also with the police who send their nice little note and it seemed everything was taken care off . Now the office the poursuite took out 300chf out of her account for the administration cost


Wasnt trying to get out of payment but 300 for a 400 franc bill is just taking the piss
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Old 05.12.2012, 17:45
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Re: Can they simply seize your money?

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hehe should have closed the bank accounts before. it was for taxes something in the amount of 400 Which I took care of right away with the taxman . Tax said owed was 400! everything was fine also with the police who send their nice little note and it seemed everything was taken care off . Now the office the poursuite took out 300chf out of her account for the administration cost


Wasnt trying to get out of payment but 300 for a 400 franc bill is just taking the piss
Just pay on time, it's really much easier .
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Old 05.12.2012, 17:52
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Re: Can they simply seize your money?

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So my wife had a poursuite which she paid . the extra fine was not paid ....

Now they went along and simply took the money out of her account???? we got a copie from the letter from the bank. WTF ???? they should not have the power to just go into everyones bank account.
Whatever happened to the privacy ?

It is with the BCV btw

SO done deal or can anything be done? (it would be more out of principle than everything else)
check the terms and conditions. maybe they have right of set-off.

another reasons i try to hold cash in a bank who i owe money to...
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Old 05.12.2012, 18:08
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Re: Can they simply seize your money?

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Just pay on time, it's really much easier .

it was a forgotten tax bill from 2010 anyways they lost a customer 2 actually and will get a nice earful tomorrow (even if they are right and have the right to do it) just for my peace of mind


And remember it was not the original bill. but the admin cost which is what is really pissing me off.....
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Old 05.12.2012, 18:11
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Re: Can they simply seize your money?

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it was a forgotten tax bill from 2010 anyways they lost a customer 2 actually and will get a nice earful tomorrow (even if they are right and have the right to do it) just for my peace of mind
So, was the bank shuffling money around based on their own ideas of what is owed or was it ordered by the authorities?

That info might put this whole affair into perspective (though I agree, I'd be p*ssed off too...!)
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Old 05.12.2012, 18:16
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Re: Can they simply seize your money?

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So, was the bank shuffling money around based on their own ideas of what is owed or was it ordered by the authorities?

That info might put this whole affair into perspective (though I agree, I'd be p*ssed off too...!)



No one asked anything from anyone. just got a copie today from the bank that they took out (poursuites) 300chf from her account. Just like that. Again I must insist this is the money from admin cost and not the bill which was taken care of right away.

I also heard ones that the state does not have the right to do this as it was them who hired a 3rd party (poursuites) and are therefor responsible for the cost incurred. I read it ones on the poursuites letter in case they were to come and seize property from your home)
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Old 05.12.2012, 18:31
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Re: Can they simply seize your money?

You might want to ask whether they were legally required to rather than going in all guns blazing.

We used to receive legal garnishments on employees in the US and it always set them off. (They should have also received com pies in the mail). We were legally required to take the money but no one ever liked it and we often heard about it (same with child support).
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Old 05.12.2012, 18:32
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Re: Can they simply seize your money?

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Wasnt trying to get out of payment but 300 for a 400 franc bill is just taking the piss
I've had worse; Fr195 for a Fr40 speeding ticket.
pure incompetence on my part. I'd misplaced the original and didnt pay the
reminder in good time. a couple of days after I'd paid I received a bill for Fr195 and my Fr40 payment was returned to my a/c.
I challenged on principle (5x the fine) and it was explained that there was no legal requirement to send a reminder; pay within 30 days or face the consequences.
only happened once; I learnt the lesson sharpish
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Old 05.12.2012, 18:59
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Re: Can they simply seize your money?

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it was for taxes something in the amount of 400 Which I took care of right away with the taxman . Tax said owed was 400! everything was fine also with the police who send their nice little note and it seemed everything was taken care off . Now the office the poursuite took out 300chf out of her account for the administration cost
Hmm... why was the police involved in a tax matter. Some information is missing.

What appears to have happened is:
- tax invoice was not paid
- tax authority initiated a "Betreibung/Poursuite" which will have caused some costs.
- tax authority initiated attachment proceedings (to block the account), which will have also caused costs
- only the tax amount got paid, but not the additional costs of the attachment and betreibung.
- tax authority requested that the Betreibungsamt also collect the costs from the account.

Unless you objected in the attachment proceeding, the bank itself has to do what the Betreibungsamt tells it do. So I wouldn't blame the bank.
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Old 05.12.2012, 19:14
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Re: Can they simply seize your money?

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Hmm... why was the police involved in a tax matter. Some information is missing.

What appears to have happened is:
- tax invoice was not paid
- tax authority initiated a "Betreibung/Poursuite" which will have caused some costs.
- tax authority initiated attachment proceedings (to block the account), which will have also caused costs
- only the tax amount got paid, but not the additional costs of the attachment and betreibung.
- tax authority requested that the Betreibungsamt also collect the costs from the account.

Unless you objected in the attachment proceeding, the bank itself has to do what the Betreibungsamt tells it do. So I wouldn't blame the bank.

Almost right but:

Tax got paid and HE told me how much to pay them which I did . the other cost is from the office des poursuites and no one else (not tax, police or whomever)

Like I said the poursuite got lost (we are in the process of moving and seem to be incapable of any order in the household during this period)
Poursuite came in August , got lost , 2 months later police called, took care of it straight awya and now a month later the amount is taken out.

police always gets involved as soon as the poursuite is out.

I talked to the taxman a month ago and paid and all was good so with in 2 months of start of poursuites everything was figured out and paid except for admin cost as I asked for a detailed invoice for the 250 (original admin cost) they said fine, didnt here a thing until today when I received the copie that money was taken out.



In any case it is not about the actual poursuite or amount. It was the fact that they can simply go into your account and take whatever they want whenever they want. And I wanted to know if they had the right to do so.


I am SOOOOOOOO glad I only got one week left in this " paradise" in any case they lost 2 customers and both parties will get an ear full tomorrow (poursuites and bank). I dont know if anyone here has had much dealings with the poursuites but they are the vermin of the vermin and help with nothing , make you look like an infant. So whether they are right or wrong I will bitch the crap out of them tomorrow just for my sake
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Old 05.12.2012, 19:22
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Re: Can they simply seize your money?

If it makes you feel better - go for it. The poor s*d you'll be shouting at won't be responsible, but hey ho- I'm sure they are used to it.

have you ever tried to get overdrawn on your bank account, or not pay your credit card off in time - and see how quickly charges add up?
The tax office has clear guidelines about non-payments and charges - you choose whether to pay or not. And if you don't, you have to take the consequences. I'm pretty sure same thing would happen in the US - hope you enjoy the tax system there ^^
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Old 05.12.2012, 19:26
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Re: Can they simply seize your money?

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If it makes you feel better - go for it. The poor s*d you'll be shouting at won't be responsible, but hey ho- I'm sure they are used to it.

have you ever tried to get overdrawn on your bank account, or not pay your credit card off in time - and see how quickly charges add up?
The tax office has clear guidelines about non-payments and charges - you choose whether to pay or not. And if you don't, you have to take the consequences.

I must again insist that I am not dealing with the tax office but the poursuites. who is charging an additional 300 for a 400 frank bill
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Old 05.12.2012, 19:31
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Re: Can they simply seize your money?

Yep, because they have to employ people to pursue non-payers, have premises, computers, heat the place, etc, etc, etc. How long as this been dragging along? How many reminders? Etc. the punitive charges serve as a deterrent, as for most non-payment of fines, interest, etc.
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Old 05.12.2012, 19:34
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Re: Can they simply seize your money?

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Wasnt trying to get out of payment but 300 for a 400 franc bill is just taking the piss
What can they do, wait for you to pay the bill from overseas? Ha..!

You have to admit, they probably did the right thing before being caught out with their pants down..
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Old 05.12.2012, 19:34
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Re: Can they simply seize your money?

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I talked to the taxman a month ago and paid and all was good so with in 2 months of start of poursuites everything was figured out and paid except for admin cost as I asked for a detailed invoice for the 250 (original admin cost) they said fine, didnt here a thing until today when I received the copie that money was taken out.

In any case it is not about the actual poursuite or amount. It was the fact that they can simply go into your account and take whatever they want whenever they want. And I wanted to know if they had the right to do so.
OK. Since they were not able to serve you by post they sent round the police (that's quite common). They probably did not "attach" (Arrest) your account but went directly with a "Pfändung".

From what it looks like you did not "object" (Rechtsvorschlag) to the payment demand within 10 days of receipt, the tax authorities filed a continuation request and the Debt Enforcement Office seized sufficient assets to cover all costs.


Normally, a creditor needs to go to court before this happens. But if there is not objection matters can go quite quickly. Essentially they can seize any assets they find (but they prefer cash or bank accounts).


The Debt Enforcement Office has to execute the Pfändung immediately upon receiving a continuation request and the actual admin fees are set by ordinance (http://www.admin.ch/ch/d/sr/281_35/index.html) so not much leeway there either.

So if you are looking for someone else to blame, it probably is the tax authorities who filed the continuation request... (and probably knew you were leaving the country since you had deregistered)
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Old 05.12.2012, 19:35
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Re: Can they simply seize your money?

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If it makes you feel better - go for it. The poor s*d you'll be shouting at won't be responsible, but hey ho- I'm sure they are used to it.

have you ever tried to get overdrawn on your bank account, or not pay your credit card off in time - and see how quickly charges add up?
The tax office has clear guidelines about non-payments and charges - you choose whether to pay or not. And if you don't, you have to take the consequences. I'm pretty sure same thing would happen in the US - hope you enjoy the tax system there ^^
It wouldn't happen this quickly in the US. They wouldn't communicate for ages and then BOOM, the taxes, charges, and penalties would be huge. None of this pussy footing around 2% interest charge that happens here.
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Old 05.12.2012, 19:36
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Re: Can they simply seize your money?

.... or the person who did not pay on time
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