Laura and the unjustified debt collection
Laura Landmann:
I was wrongly pursued (300 francs) and immediately lodged an appeal. However, the debt enforcement entry bothers me a lot, as I’ll soon be looking for an apartment. What should I do?
Answer:
You have done everything right so far by filing the legal proposal immediately. According to your description, the opposing party does not appear to have a title of legal opening and can therefore only remove the legal proposal with an ordinary lawsuit. As a rule, the effort and risk involved in the amount you have mentioned are too great for a lawsuit and the debt collection procedure remains. You can submit a request for non-disclosure to third parties three months after service of the payment order. Forms can be found on the Internet under this term, the costs are CHF 40. If the other party does not file a complaint immediately, the debt collection will no longer be listed on your debt collection register extract.
Matthias Fricker
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the University of St. Gallen, graduating with a Master in Law (M.A. HSG in Law) in 2012, registered in the Bar Register of the Canton of Zurich, member of the Zurich Bar Association.
Fabian Füllemann
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the Universities of St. Gallen and Zurich, graduating with a Master of Law UZH in 2013, registered with the Zurich Bar Registry, member of the Zurich Bar Association.
