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Old 22.03.2011, 15:39
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How Long Does a Betreibung on someone Last?

I put a betreibung on someone. The didnt dispute it and claimed they would pay it.

but the betreibung office sent me a letter to say the person never showed up to pay it.

How long does a betreigung entry on a person stays on their credit file!!!!!??? I am so angry...because now they are sending me a bill for their services...and I feel if the Swiss guy didnt pay me....they should bill him. He doesnt seem to care about it all.

I thought betreibungs were a big deal here???
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Old 22.03.2011, 15:42
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Re: How Long Does a Betreibung on someone Last?

You sound stressed, please let me offer you a virtual cup of tea and a hobnob. Can you please flesh out your situation, then maybe we can help?
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Old 22.03.2011, 15:45
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Re: How Long Does a Betreibung on someone Last?

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How long does a betreigung entry on a person stays on their credit file!!!!!???
Until it is paid and possibly for some years afterwards depending on other factors.

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I thought betreibungs were a big deal here???
They are in that he won't get credit while it's there .... possibly depending on what it's for.
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Old 22.03.2011, 15:52
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Re: How Long Does a Betreibung on someone Last?

I believe the entry stays in the Betreibungs Register until the person who had it put in, has it taken out!

But all the 'their' 'they' in your post really doesn't make it very clear who did what and who is, or is not paying or sending bills for which service.
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Old 22.03.2011, 17:09
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Re: How Long Does a Betreibung on someone Last?

Well for some clarity.

I provided services to a guy in Zurich and charged him about CHF1500. I invoiced him...sent him countless reminders and at the end he frankly told me he wasnt going to pay it.

So I went the route of the Betreibung. The culprit said that he would file a Rechtsvorschlag if I did try and I would end up paying all these fees. But I knew I had an airtight case, as he received the products/services and there is no record of him paying me.

So I didnt care. I figured if I had to splash out a few francs in the beginning he would end up having to pay it in the end.

(me thinking the threat of a betreibung was huge....ppfffffff)

So I applied. Long story...he told the department he would pay...but never did.

Now I get this bill from the betreibungamt for CHF 180! And they tell me that after 1 year it will off the records (not sure if I heard it correctly),....or I would have to pay MORE money to extend.

I am thinking WTF...I get ripped off....they proved I got ripped off....now I owe.

So it made me wonder...do these things really stay on a persons credit. This person surely would know the backlash?

And I wrote to the betreibungamt and asked them why I had to pay...when they dont force him to pay?? Makes sense eh?

Any previous experience of this welcomed!!!!!

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Old 22.03.2011, 18:47
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Re: How Long Does a Betreibung on someone Last?

The costs get added to the debt.
In the UK you have to pay when taking out a County Court claim up front, in CH you get the bill later!
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Old 22.03.2011, 23:08
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Re: How Long Does a Betreibung on someone Last?

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Now I get this bill from the betreibungamt for CHF 180! And they tell me that after 1 year it will off the records (not sure if I heard it correctly),....or I would have to pay MORE money to extend.
Thinks you heard wrong - it won't be taken off until it's paid or cancelled.
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Old 23.03.2011, 08:06
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Re: How Long Does a Betreibung on someone Last?

well Swissbob...I hope I did hear wrong. But I cant imagine what reason I would need to "extend" anything if it stays on anyway? the document they mentioned was a "forsetzungsbegehren".

i dont understand it all....and frankly, it is quite complicated...and no matter which end of the process you are on it stinks!!!!
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  #9  
Old 23.03.2011, 08:15
Ittigen
 
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Re: How Long Does a Betreibung on someone Last?

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well Swissbob...I hope I did hear wrong. But I cant imagine what reason I would need to "extend" anything if it stays on anyway? the document they mentioned was a "forsetzungsbegehren".

i dont understand it all....and frankly, it is quite complicated...and no matter which end of the process you are on it stinks!!!!
Well that's the way it works here. You pay the fees up front, and they are paid back to you with the debt.

Did you read my post explaining how it works? I didn't write that for nothing, maybe you need to read it again! Properly and slowly. And a thank you wouldn't be too much to ask for either!
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Old 23.03.2011, 09:25
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Re: How Long Does a Betreibung on someone Last?

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well Swissbob...I hope I did hear wrong. But I cant imagine what reason I would need to "extend" anything if it stays on anyway? the document they mentioned was a "forsetzungsbegehren".

i dont understand it all....and frankly, it is quite complicated...and no matter which end of the process you are on it stinks!!!!
FYI: The process of Betreibung as explained by ch.ch:
Introductory procedure



Normally there are four stages in the introductory procedure:
  1. Debt collection request: The debt collection office examines the debt collection request to ensure that it is in the correct form, but not as to whether the claim is justified.
  2. Summons for payment: The debt collection office issues the summons for payment. This is served on the debtor at his or her place of residence or work by an official or by post. The summons for payment contains an instruction to settle the debt or to make an formal objection.
  3. Formal objection: Debtors can contest unjustified debt collection proceedings by lodging a formal objection. No reasons for objecting need to be given. The formal objection must be lodged immediately with the bearer of the notice to pay, or within ten days with the competent debt collection office verbally or in writing.
  4. Dismissal of objection: The objection is dismissed if the creditor shows that the debtor actually owes the debt. The dismissal of objection can be either final or provisional.



Forms of debt collection



After the introductory procedure, three different forms of debt collection can be pursued:
  • debt collection by seizure of assets
  • debt collection by realising pledged property
  • debt collection by bankruptcy (ordinary bankruptcy procedure)


The debt collection office at the debtor’s place of residence and the cantonal debt advisory service can provide further information on the individual procedural steps. In addition, you can consult a lawyer at any time.


Application for continuation – enforcement of debt collection measures



With the application for continuation, the creditor indicates his or her wish to continue with the debt collection procedures (seizure of assets, realisation of pledged property, bankruptcy) against the debtor.


http://www.ch.ch/private/00093/00102...x.html?lang=en

You have completed the "introductory procedure"

The Fortsetzungsbegehren is the "application for continuation"
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Old 04.04.2011, 09:51
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Re: How Long Does a Betreibung on someone Last?

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Well for some clarity.

I provided services to a guy in Zurich and charged him about CHF1500. I invoiced him...sent him countless reminders and at the end he frankly told me he wasnt going to pay it.

So I went the route of the Betreibung. The culprit said that he would file a Rechtsvorschlag if I did try and I would end up paying all these fees. But I knew I had an airtight case, as he received the products/services and there is no record of him paying me.

So I didnt care. I figured if I had to splash out a few francs in the beginning he would end up having to pay it in the end.

(me thinking the threat of a betreibung was huge....ppfffffff)

So I applied. Long story...he told the department he would pay...but never did.

Now I get this bill from the betreibungamt for CHF 180! And they tell me that after 1 year it will off the records (not sure if I heard it correctly),....or I would have to pay MORE money to extend.

I am thinking WTF...I get ripped off....they proved I got ripped off....now I owe.

So it made me wonder...do these things really stay on a persons credit. This person surely would know the backlash?

And I wrote to the betreibungamt and asked them why I had to pay...when they dont force him to pay?? Makes sense eh?

Any previous experience of this welcomed!!!!!

Well, if the debtor did not raise Rechtsvorschlag ("objection to the payment demand"), you are in a quite comfortable situation. You do not have to go to court to have the Rechtsvorschlag set aside or to have your claim confirmed.

All you have to do is file a Fortsetzungsbegehren ("request for continuation") and the debt enforcement office will start seizing assets. However, you have to file your Fortsetzungsbegehren within one year of the payment demand having been served, otherwise you have to start at square one, i.e. by filing a Betreibungsbegehren. The idea behind the one year limitation is that enforcement proceedings should be completed within a reasonable amount of time.

The Betreibung itself is in any event registered in the Betreibungsregister. It stays on their until it is deleted (either due to a court order or the creditor retracting the Betreibung). However, third parties requesting an Betreibungsregister-Extract will not see any Betreibungen that are older than 5 years.

And if you are complaining about having to front the costs of enforcement... well the debt enforcement officers are the experts on debtors so they make sure that their costs and fees are covered so that they do not have to chasing after them :-)


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The debt must have occured within the last 10 years, and be not less than CHF 100,--

All the costs are added to the debt, which are a percentage based on your CHF 1'500 debt. You should also add 5% interest. If he objects within 14 days (Rechtsvorschlag) the interest is stopped, but he has to provide evidence he cannot pay, or that you are making a false accusation. He will by now have received a registered letter ordering him to pay the amount into the court. When he does this his name is removed from the register.

After 12 months a certificate (Schuldschein) is issued, it's an IOU acknowledging the debt, which has a value and can be sold onwards.

You now need to go to court with information on his assets and income, which you can get from his Tax Office in April.

You can now take the Schuldschein back to the Betreibungsamt, and demand a hearing before a Judge, whom can issue an order against his earnings or property. Again all the costs you incur are added to the debt, and all this time he cannot easily take out anymore loans, nor change his rented appartment.
.
@Ittigen: Please be careful when making statements on legal proceedings... Depending on the circumstances debts can already become time-barred before 10 years (or even later).

Also the deadline to raise Rechtsvorschlag is 10 days! not 14 days! (and for debts arising from cheques, etc. only 5 days!). Very important if you are on the receiving end of a payment demand. If you fail to raise Rechtsvorschlag you've essentially just opened the door to the person claiming payment to help themselves to your bank account.

Also the Rechtsvorschlag does not stop the interest running and the creditor has to get the Rechtsvorschlag set aside by going to court. Generally the creditor bears the burden of proof for his claim (having a signed IOU helps a lot).

After 12 months, the creditor does not automatically get a "certificate (Schuldschein). On the contrary, if the creditor fails to file a request for continuation within 12 months after the payment demand was served, then he has to start at square one....

For those of you who prefer a graphic illustration of the process:
https://www.e-service.admin.ch/eschk...a_SchKG_de.pdf
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