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Old 13.05.2020, 10:25
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Debt claim (betreibungs)


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?
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Old 13.05.2020, 12:46
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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
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basel, betreibungs

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