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Old 09.12.2018, 20:01
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How to encourage someone to pay a debt before a payment summons?

I have recently moved out of my flat and agreed with the next tenant to sell her all my furniture. She has not yet paid me and does not reply to my reminder on WhatsApp.

She seemed reliable, so I did not make her sign a contract. However, I do have a message where she agrees to pay me.

What do you suggest me to do before sending a payment summons (Zahlungsbefehl)? 10 days have passed since she moved in my old flat.

Many thanks.
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Old 09.12.2018, 20:35
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Re: How to encourage someone to pay a debt before a payment summons?

You should have gotten your money during handover, now it might take a long time if you even would manage to get it.
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Old 09.12.2018, 20:59
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Re: How to encourage someone to pay a debt before a payment summons?

I hope you made it clear that buying the furniture and renting the apartment are 2 completely separate items?
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Old 09.12.2018, 21:05
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Re: How to encourage someone to pay a debt before a payment summons?

You've been a member her for 6 years, so possibly lived here longer. You should know by now that you need to send a registered letter (not a whatsapp msg) before going down the legal route.

Registered letter is the only way to "encourage someone to pay a debt before a payment summons"
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Old 09.12.2018, 21:35
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Re: How to encourage someone to pay a debt before a payment summons?

Genuine question: How do you do the handover if you want to give the next tenant your furniture? The apartment is supposed to be empty and clean. Can't really check for damages if there are things around.
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Old 09.12.2018, 21:53
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Re: How to encourage someone to pay a debt before a payment summons?

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Genuine question: How do you do the handover if you want to give the next tenant your furniture? The apartment is supposed to be empty and clean. Can't really check for damages if there are things around.
Just move the furniture.
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Old 09.12.2018, 22:13
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Re: How to encourage someone to pay a debt before a payment summons?

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Genuine question: How do you do the handover if you want to give the next tenant your furniture? The apartment is supposed to be empty and clean. Can't really check for damages if there are things around.
We bought a few things from old tenants where we are now.. and we also left some for our new tenants.. A different regie for each place. No issues with either.

The old regie (where we were leaving stuff) was totally fine, we'd left beds, wardrobes, loads.. She didn't bat an eyelid.

The new one, where we'd bought light fittings and a few other bits was a bit more particular, noting that I'd need to take down those lights when i move out etc.. But still fine.
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Old 09.12.2018, 22:45
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Re: How to encourage someone to pay a debt before a payment summons?

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I have recently moved out of my flat and agreed with the next tenant to sell her all my furniture. She has not yet paid me and does not reply to my reminder on WhatsApp.

She seemed reliable, so I did not make her sign a contract. However, I do have a message where she agrees to pay me.

What do you suggest me to do before sending a payment summons (Zahlungsbefehl)? 10 days have passed since she moved in my old flat.

Many thanks.
10 days and you want to send a Zahlungsbefehl? Funny person.
Standard term of payment here is 30 days. So if you didn't bother drawing up a paper about shorter term and/or insisted on cash ..... sit tight. Then start sending reminders and then maybe some day ....

Plus she moved house 10 days ago, it is Christmas time you should have told her you'll starve without her immediate payment, her priorities are likely on other things.
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Old 09.12.2018, 22:58
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Re: How to encourage someone to pay a debt before a payment summons?

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How to encourage someone to pay a debt before a payment summons?
Breaking their legs normally works.
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Old 09.12.2018, 23:54
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Re: How to encourage someone to pay a debt before a payment summons?

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Breaking their legs normally works.
Hmmm, you had a good week-end?
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Old 10.12.2018, 00:05
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Re: How to encourage someone to pay a debt before a payment summons?

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Hmmm, you had a good week-end?
Any chance your irony detector is slightly off?
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Old 10.12.2018, 02:07
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Re: How to encourage someone to pay a debt before a payment summons?

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Any chance your irony detector is slightly off?
Nope. Your's?
Like Loz I'm not into overusing emoticons. So far I did not have the impression of being missunderstood by him.
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Old 10.12.2018, 10:12
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Re: How to encourage someone to pay a debt before a payment summons?

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Breaking their legs normally works.
Are you suggesting to sell broken furniture?
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Old 11.12.2018, 12:30
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Re: How to encourage someone to pay a debt before a payment summons?

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10 days and you want to send a Zahlungsbefehl? Funny person.
Standard term of payment here is 30 days. So if you didn't bother drawing up a paper about shorter term and/or insisted on cash ..... sit tight. Then start sending reminders and then maybe some day ....
Well... theoretically the 30 days are just customary and a courtesy most business offer. But legally, any money resulting from any form of transaction is due immediately. Even something like a doctor's visit, for instance.


Case here is easy though: registered letter with a deadline, then take it from there.
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Old 11.12.2018, 13:56
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Re: How to encourage someone to pay a debt before a payment summons?

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I do have a message where she agrees to pay me.
Signed and notarized?

Tom
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Old 11.12.2018, 14:29
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Re: How to encourage someone to pay a debt before a payment summons?

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I have recently moved out of my flat and agreed with the next tenant to sell her all my furniture. She has not yet paid me and does not reply to my reminder on WhatsApp.

She seemed reliable, so I did not make her sign a contract. However, I do have a message where she agrees to pay me.

What do you suggest me to do before sending a payment summons (Zahlungsbefehl)? 10 days have passed since she moved in my old flat.

Many thanks.
Go knock on her door and ask her in person? And yeah... don't be so naive as to give someone your stuff without paying first next time. Where money is concerned, consider everyone that you do not (and often those you do) know untrustworthy until proven otherwise.
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Old 13.12.2018, 16:38
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Re: How to encourage someone to pay a debt before a payment summons?

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Case here is easy though: registered letter with a deadline, then take it from there.
Does anyone happen to have a sample of one of these letters? Is there polite verbiage or just a copy of an invoice?
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Old 13.12.2018, 16:52
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Re: How to encourage someone to pay a debt before a payment summons?

Nice version:

Zahlungserinnerung/ Eingeschrieben

Nach Durchsicht meines Kontos ist mir aufgefallen, dass bis Datum leider keine Zahlung eingegangen ist. Ich bitte Sie den offenen Betrag von Fr. X'XXX.- bis am (14 business day from today) auf mein Konto CH12 3456 7890 0000, Bank Name, 9999 Ortschaft, zu überweisen. Sollte sich dieses Schreiben mit ihrer Zahlung gekreuzt haben, kann es als gegenstandslos betrachtet werden.

Mit freundlichen Grüssen
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Your place, Today date.

Harsh version:

Mahnung/ Eingeschrieben

Bis heute habe ich keine Zahlung von Ihnen erhalten. Sie werden aufgefordert den offenen offenen Betrag von Fr. X'XXX.- unverzüglich auf mein Konto CH12 3456 7890 0000, Bank Name, 9999 Ortschaft zu überweisen. Ist bis (14 days from today) keine Zahlung eingegangen werde ich den Rechtsweg beschreiten und die Betreibung einleiten.

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Your place, Today date.
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Old 13.12.2018, 16:58
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Re: How to encourage someone to pay a debt before a payment summons?

I did have the opposite issue. The tenant of the apartment I visited offered to possibly sell something so she draw a list of customers interested to talk about it. I got the flat but upon the first visit I refused to take it over as it was since it was not empty as I expected. The agency was surprised asking did I not bought these things. The apartment was cleaned in 2 days and the agency charged me from the day I moved in.
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