Go Back   English Forum Switzerland > Help & tips > Finance/banking/taxation  
Reply
 
Thread Tools Display Modes
  #1  
Old 12.08.2021, 04:15
Kash_Z's Avatar
Senior Member
 
Join Date: Jul 2010
Location: Zurich
Posts: 456
Groaned at 3 Times in 2 Posts
Thanked 597 Times in 196 Posts
Kash_Z has a reputation beyond reputeKash_Z has a reputation beyond reputeKash_Z has a reputation beyond reputeKash_Z has a reputation beyond repute
Betreibung / Rechtvorschlag question

Hi all

I need some advice for the following situation:

I need to pay my stbx a Prozesskostenvorchuss of 8'000CHF. I was on the verge of concluding a loan with Cashgate to pay this, but at the same time my employer has ceased paying my child allowances because I am officially separated and they have asked me to re-apply for the allowance and for my ex to provide confirmation that I can continue to receive the allowances with my salary.

The allowances have already been calculated as part of my income by the ZH court and they are transferred to my ex with the alimony /Unterhalt payments combined each month.

But my ex has been dragging her feet: she refused to provide me a document to confirm my son was continuing education after Sekundarstufe for two weeks despite me reaching out multiple times; she provided me with incorrect birth certificates for my other kids, and is now saying she hasn't received an email from my employer through which she can confirm I can receive the child allowances. The cynic in me says she is playing her stupid games as usual.

The upshot of this is that we've missed payroll and I won't receive the allowances with my salary this month. Without receiving the allowances I fall below the minimal subsistence level - like 10% below, and under these circumstances I am not willing to conclude the Cashgate loan as I have no idea whether the ex will drag this on a further month, or two months, or longer. How would I service a loan if i'm below minimum subsistence?

I have suggested that as soon as the child allowances are reinstated (which I hope is next month) I will proceed with the cashgate loan and pay the PKV.**

But through her lawyer she has threatened me with a Betreibung.

Would I have reasonable grounds for a Rechtsvorschlag? And if I did, what is a likely course of events?

I'm a bit unclear about how the Rechtsvorschlag works vis-a-vis a Betreibung. Lets say that she files a Betreibung, and I sign a Rechtsvorschlag. And then the following month the allowances are reinstated and I pay the PKV. Does the Betreibung stay? Was it put on at all? And if so, how would I get it removed?

** My experience of the ex's lawyer is that she drives conflict, and I fully expect her to not accept a one month delay.

Regards
Kash.

Last edited by Kash_Z; 12.08.2021 at 04:26.
Reply With Quote
  #2  
Old 12.08.2021, 07:10
Island Monkey's Avatar
Forum Legend
 
Join Date: Mar 2008
Location: Wallis
Posts: 6,696
Groaned at 118 Times in 82 Posts
Thanked 7,514 Times in 3,427 Posts
Island Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond repute
Re: Betreibung / Rechtvorschlag question

How do you provide incorrect Birth Certificates?
Reply With Quote
This user would like to thank Island Monkey for this useful post:
  #3  
Old 12.08.2021, 08:37
Kash_Z's Avatar
Senior Member
 
Join Date: Jul 2010
Location: Zurich
Posts: 456
Groaned at 3 Times in 2 Posts
Thanked 597 Times in 196 Posts
Kash_Z has a reputation beyond reputeKash_Z has a reputation beyond reputeKash_Z has a reputation beyond reputeKash_Z has a reputation beyond repute
Re: Betreibung / Rechtvorschlag question

I asked for the birth certificate of one of the kids, but she gave the certificate of one of the other kids.

Quote:
View Post
How do you provide incorrect Birth Certificates?
Reply With Quote
  #4  
Old 12.08.2021, 13:18
Senior Member
 
Join Date: Jun 2021
Location: Basel-Stadt
Posts: 336
Groaned at 146 Times in 73 Posts
Thanked 319 Times in 164 Posts
CliiniMuus is considered knowledgeableCliiniMuus is considered knowledgeableCliiniMuus is considered knowledgeable
Re: Betreibung / Rechtvorschlag question

Quote:
View Post
My experience of the ex's lawyer is that she drives conflict, and I fully expect her to not accept a one month delay.

Mentioning this, as I see it come up so often when I am volunteering, and chatting with friends about legal matters. A solicitor earns the money for the company they work for when they are actively doing stuff. No solicitor is driving conflict - they simply earn their money by "doing stuff". It's partly a sales role.



Rarely is a solicitor on a retainer, receiving payments, regardless of whether they have something to do.



When solicitors are sending letter after letter, phoning a million times, playing email ping pong, talking to the collegues, witnesses or experts about the case, they can bill time, and they have monthly targets typically.


I've seen a million examples of solicitors drafting letters which essentially say "the person paying me would like me to tell you blah blah", not even referencing the law, nor any legal conflicts - simply acting as a go-between. They are paid handsomely for trivial tasks like that, and a lot of people have an entirely human fear of letters from solicitors. When solicitors throw their weight around, it can be advantageous for the person they represent, if the person receiving rivial letters and so on doesn't realise a solicitor will undertake trivial, non-legal tasks, so long as they can be billed.


A document I've found to be really helpful in matters with lots of important details is a simple timeline of events conveyed factually (sent letter about x to e recorded delivery, phoned b about y and agreed c).
Reply With Quote
This user would like to thank CliiniMuus for this useful post:
Reply

Tags
betreibung, rechtsvorschlag




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
Betreibung - oh dear telandy Finance/banking/taxation 7 12.07.2019 19:07
Rechtsvorschlag to Betreibung, what's next? mimivin Daily life 8 23.01.2017 18:22
Betreibung clerin53 Finance/banking/taxation 8 17.10.2011 17:43
How Long Does a Betreibung on someone Last? thecapaccino Permits/visas/government 10 04.04.2011 09:51
Betreibung from UK debt? poot Finance/banking/taxation 4 21.07.2010 12:10


All times are GMT +2. The time now is 03:32.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2022, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0