Ehi ragazzi
Ho ricevuto un documento mentre ero in vacanza. Viene dal Betreibungsamt. Non ho mai avuto problemi con pagamenti di alcun tipo, quindi sono così confuso. È legittimo? Cosa dovrei fare? Anche questa lettera non era “Eingeschrieben” e non ho mai ricevuto alcun “Mahnungen”. Anche se c’è una fattura che mi è sfuggita, deve esserci qualche traccia di lettere “eingeschriebene”, giusto? Anche il sito basta.ch mi sembra terribilmente strano.
In ogni caso, la scadenza è rispettata e dicono espressamente che non c’è possibilità di ottenere maggiori informazioni per telefono. Qualcuno con esperienza in questo può aiutarmi?
Grazie molto!
https://i.redd.it/iq4548jl8bfg1.jpeg
di slicksheriffY7
9 commenti
How about just giving them a call?
You could call them monday and ask if its legit?
Or just pick it up – only way to find out.
There’s also a grammatical error in the first line. Sorta suspicious, but nothing a phone call couldn’t get sorted.
Re post/vacation, there’s an official post service where they hold back your mail for the duration of absence, which then also delays this kind of stuff. It’s CH, so of course it costs money.
You can just go to any one of their offices they will produce the outstanding invoice. They won’t settle any reasons or anything though, but they are generally very friendly and helpful.
Super weird.
However the URL and phone numbers are legit.
I would call the number on the upper right side, despite what it says they will still provide some context.
2 days to pick something undisclosed up without forewarning sound super, super mysterious
Just be aware that if you don’t go there, they can call the cops and have them take you to the Betreibungsamt. You then have to pay for that too.
It happened all the time at my former work place. Cops would arrive and take someone with them to the Betreibungsamt.
We had two co workers with massive amounts of debt and the cops even came one day and took their license plates of their cars for missed insurance payments.
The website is legit and the whole letter looks really legit. I would go there asap and pick up the letter. Otherwise they will give it to Kantonspolizei.
Die you move recently? Maybe someone who wants money had your old address and could not reach you.
Before you go there check what you have to do. Normally you have 10 days to make a “Rechtsvorschlag” if you dont agree with it. Then the other party needs to sue. You also can contact the other party then. If you make a deal with them ask them to delete the “Betreibung”, otherwise it will stay for a certain time. Good luck.
Well, this is “just” a “demand for pick up” (“Abholungsaufforderung”) to pick up a “command to pay” (“Zahlungsbefehl”) at the local debt enforcement office.
So, the matter is about a “command to pay” (“Zahlungsbefehl”), which is the first step of the Swiss legal debt enforcement procedure. As long as you haven’t received (in your hands – or the hands of someone within your household) the actual “demand to pay” document (the “Zahlungsbefehl”), the legally relevant 10 day dispute period has not yet started.
Now, in case they can’t hand it to the debtor (cannot be found, doesn’t react to “demand to pick up”, etc.), they have the option to “deliver” the “command to pay” via publication in the official gazette. So you might want to check (Search your name) in the [cantonal gazette](http://amtsblatt.zh.ch).
So, basically I’d just go there ASAP and pick up the “command to pay” and (unless it’s clear you owe that claimed amount + procedure costs to the debtor) immediately – upon pickup (there should be some checkboxes on the form) – declare a “Rechtsvorschlag” (challenge) for the entire sum. Then the (alleged) creditor would need to take this further through the legal system (court / justice of the peace – with more options for you to defend against the claim).
If only part of the sum is justified (e.g. original debt + interest + cost of official(!) procedure) but another part is not (ridiculous not legally owed “fees” put on top by the creditor), you can also file a “Teil-Rechtsvorschlag” (partial challenge), where you acknowledge part of the debt and dispute another part. You need to clearly indicate in this case, which part/sum you dispute.
If all or part of the sum is justified, you can pay it there at the debt enforcement office (against receipt).
Important to know: If you do NOT challenge (complete “Rechtsvorschlag”) the entire claimed debt, this procedure will stay on your debt enforcement register for the next 5 years, unless you get the creditor to agree to have the entry removed (many creditors will agree against an additional fee, some creditors will refuse out of principle). So your best best somethis is to just initially declare a complete “Rechtsvorschlag” and then immediately sort things out with the alleged creditor.
If you file a “Rechtsvorschlag” and the creditor doesn’t request a continuation of the enforcement process within 3 months, you can get the entry for the “command to pay” (yes, even if disputed there unfortunately will be an entry) struck from the debt enforcement register by writing a simple application to the debt enforcement office.
Finally: Important to understand here is also, that the debt enforcement office DOES NOT verify whether the claim is valid or not. If you want to, you can file debt enforcement procedures against anyone (without any contract or any other justification) – and if that person does NOT challenge the “command to pay” with a challenge (“Rechtsvorschlag”) within 10 days (either when receiving the “Zahlungsbefehl” or registered(!) letter to debt enforcement office), then that claim becomes – in the eyes of the law – legally valid. So, if in doubt whether the “command to pay” is even justified, just file “Rechtsvorschlag” for the entire amount, to gain more time.
Good luck!