Go Back   English Forum Switzerland > Help & tips > Finance/banking/taxation  
Reply
 
Thread Tools Display Modes
  #1  
Old 13.05.2020, 10:25
Newbie
 
Join Date: Oct 2019
Location: Zurich
Posts: 7
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
Jardani has no particular reputation at present
Debt claim (betreibungs)

Hello,


I am currently separated and 2 years has passed. My court date for divorce has been scheduled. According to separation agreement I need to balance alimony from previous year. My ex is now claiming that I owe her a certain amount.


I just want to ask how debt claim (betreibungs) works (in Basel). So for example if she claims I owe her CHF 2000 in alimony but I know that she is holding Kaution from marriage (half of which I am entitled to and amounts to CHF 1000) and she makes a claim to betreibungsamt for 2000. If I respond that I don't owe her 2000 but considering she holds CHF 1000 of mine it is actually 1000 does that mean the claim is invalid and will be removed from register or does the fact that I owe her anything at all mean the claim will stay on my register for the next 5 years?


I just want to understand the risk of arguing the amount owed and if all she needs to do is make a claim and then my debt register is flagged for the next 5 years. If she makes a claim, can I just tell the betreibungsamt that these calculations will be handled in pending court session?
Reply With Quote
  #2  
Old 13.05.2020, 12:46
Mullhollander's Avatar
Forum Legend
 
Join Date: Dec 2012
Location: Aargau
Posts: 2,586
Groaned at 10 Times in 9 Posts
Thanked 3,632 Times in 1,592 Posts
Mullhollander has a reputation beyond reputeMullhollander has a reputation beyond reputeMullhollander has a reputation beyond reputeMullhollander has a reputation beyond reputeMullhollander has a reputation beyond reputeMullhollander has a reputation beyond repute
Re: Debt claim (betreibungs)

This is an approach to deal with a partially-justified debt claim (Betreibung):

1. Partial legal objection (Teilrechtsvorschlag): on the reverse side of the payment demand (Zahlungsbefehl), it is possible to check the box for a Teilrechtsvorschlag. Then write in the amount that is in dispute next to disputed amount (Bestrittener Betrag) and possibly make a comment next to Bemerkungen.

2. After paying the non-disputed amount, then request the creditor to withdraw the Betreibung. This is, of course, easier to negotiate if the full amount is paid but still might be worth the effort. The creditor may or may not agree to withdraw the Betreibung.

Last edited by Mullhollander; 13.05.2020 at 13:07. Reason: spelling
Reply With Quote
Reply

Tags
basel, betreibungs




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Debt notice (betreibungs) during divorce traveleire Family matters/health 7 02.09.2019 22:48
Permit B-to claim or not to claim money back? This is the question! Today_only Finance/banking/taxation 4 03.10.2014 18:37
betreibungs office [debt records] fptrader Complaints corner 3 24.07.2014 17:35
Betreibungs after leaving Switzerland cdj Finance/banking/taxation 5 03.12.2012 14:49
Betreibungs ssagawe Finance/banking/taxation 12 16.06.2012 20:54


All times are GMT +2. The time now is 10:57.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0