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Old 16.06.2015, 18:10
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seeking lawyer

Hi to all,

Does anyone know and/or recommend a lawyer specialized in car lease contracts?

My case will go to federal court.

rgds
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Old 16.06.2015, 18:25
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Re: seeking lawyer

Just to clarify: you say your case will go to federal court, are you therefore already appealing a lower court and subsequent court of appeals ruling? If so, it's usually best to stick with your current attorney.
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Old 16.06.2015, 18:37
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Re: seeking lawyer

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Just to clarify: you say your case will go to federal court, are you therefore already appealing a lower court and subsequent court of appeals ruling? If so, it's usually best to stick with your current attorney.
I was claiming 250k chf, my lawyer decreased it to 170k chf "to be more realistic" we got 110k from lower court and the other party appealed and we got 60k. The verdict is enforceable and after 20days I have no money.
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Old 16.06.2015, 18:40
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Re: seeking lawyer

If it is enforceable then you have to start the Betreibung either auf Konkurs or Pfändung.

Unless you are not happy with the 60k and the time for appeal is not over yet. Then Federal Court.
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Old 16.06.2015, 18:55
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Re: seeking lawyer

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If it is enforceable the you have to start the Betreibung either auf Konkurs or Pfändung.
my lawyer sent me a Betreibung (a letter without Eingag Am and Betreibung nr) after 15days of the court decision. fyi the two lawyers are classmates. i am not implying anything but i have seen many things in my life, however i need to admit i am not familiar with swiss business ethics. in any case my question is, in how many days can i expect to receive my money taking into account that the leasing ag is financially sound and second, will the Betreibung affect their daily business?

thnx
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Old 16.06.2015, 19:00
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Re: seeking lawyer

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I was claiming 250k chf, my lawyer decreased it to 170k chf "to be more realistic" . . . .
250K CHF ? This was surely compensation for the shock and indignity at being handed a Migros budget ball point pen (or similar) to sign the lease contract ?
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Old 16.06.2015, 19:05
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Re: seeking lawyer

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250K CHF ? This was surely compensation for the shock and indignity at being handed a Migros budget ball point pen (or similar) to sign the lease contract ?
i see we have wise guys here. no, it was for illegaly disposing 3 x ferraris 1 x maserati and 1 x rolls royce, all part of my car collection.
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Old 16.06.2015, 19:24
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Re: seeking lawyer

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i see we have wise guys here. no, it was for illegaly disposing 3 x ferraris 1 x maserati and 1 x rolls royce, all part of my car collection.
If they were leased, then they illegally disposed of their car collection.
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Old 16.06.2015, 19:28
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Re: seeking lawyer

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If they were leased, then they illegally disposed of their car collection.
did i day they were leased? come on, have no time for this.
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Old 16.06.2015, 19:30
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Re: seeking lawyer

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did i day they were leased? come on, have no time for this.
You asked for a lawyer specialising in lease contracts. now I have no time for this.
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Old 16.06.2015, 19:37
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Re: seeking lawyer

So you went to an attorney wanting to claim 250k. They lowered it to 170k. You went to court and received a ruling of 110k. Then the leasing company (?) appealed and the court of appeals awarded you 60k.

You say that this ruling is enforceable. By this I assume the time period to raise an appeal against the ruling of the court of appeals to the federal court has lapsed and therefore it is now "rechtskräftig"?. And 20 days after this you have not received the money? If so, you have no option to go to the Federal Court. You must start a new proceeding to enforce the court of appeals ruling.

This is done via a betreibung. In other words, you must file a betreibung against the leasing company. It will be handled in a "summarverfahren" should they contest. This means you would then have to file with the lower court again.. etc

However, it sounds like your attorneys filed a betreibung against you? Did you not pay your attorney and now want a new one??

(FYI: Switzerland is rather small, most of us are class mates if we are the same age)
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Old 16.06.2015, 19:38
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Re: seeking lawyer

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did i day they were leased? come on, have no time for this.
We do. You're demanding free advice and getting shirty when you don't get it. Good luck with that.
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Old 16.06.2015, 20:17
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Re: seeking lawyer

What exactly happened?
- Did you lease lots of cars?
- Not pay the leases?
- Leave the leasing company owed lots of money
- Lease company took the cars
- Lease company sold the cars
- The amount they sold for was less than your valuation
- You sued for the difference.

Not sure why you need a specialist in "leasing" - surely it is just a straight forward debt case.
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Old 16.06.2015, 20:21
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Re: seeking lawyer

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Hi to all,

Does anyone know and/or recommend a lawyer specialized in car lease contracts?

My case will go to federal court.

rgds
Welcome to the real world forum.
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Old 16.06.2015, 20:52
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Re: seeking lawyer

This may be a foolish question, but considering you want to go to federal court to get Money.


Did you actually send them a final payment request, including deadline and your bank details? No formal payment request, no no due date which is over due, no Betreibung, and more importantly no money to be expected.
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Old 16.06.2015, 20:55
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Re: seeking lawyer

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However, it sounds like your attorneys filed a betreibung against you? Did you not pay your attorney and now want a new one??
I think it was just the empty form, hence neither Betreibung# nor receipt date.
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Old 17.06.2015, 08:56
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Re: seeking lawyer

Looks like the OP has gone back under his bridge to wait for the goat family
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Old 17.06.2015, 09:00
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Re: seeking lawyer

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i see we have wise guys here. no, it was for illegaly disposing 3 x ferraris 1 x maserati and 1 x rolls royce, all part of my car collection.
first world problem?
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Old 17.06.2015, 22:32
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Re: seeking lawyer

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i see we have wise guys here. no, it was for illegaly disposing 3 x ferraris 1 x maserati and 1 x rolls royce, all part of my car collection.
Chf 60k for this lot......., must of been a lousy collection !
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Old 29.06.2015, 16:52
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Re: seeking lawyer

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i see we have wise guys here. no, it was for illegaly disposing 3 x ferraris 1 x maserati and 1 x rolls royce, all part of my car collection.
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If they were leased, then they illegally disposed of their car collection.
I'm reading this as the OP leasing several cars to the leasing company and said company then disposing of what is still his property; he'd only leased them out, not sold them to the company.
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