I've been through a number of posts regarding 'betreibung' in the forum but have been unable to locate information specific to the following:
I'm looking for details that explain how the small claims dispute resolution process works in zurich. Eg.
o what are the steps involved in the process (i.e. registering the claim with the stadtamt, issuing a payment order, requesting a hearing before a judge, etc.?)
o are lawyers able to provide representation if the matter goes to court?
o are claims for compensation of legal fees permitted as part of the dispute resolution process?
Anyone have first hand experience, knowledge, or recommended contacts in zurich (preferably english speaking) that they can offer up for some Q&A on the matter?
As a first step you normally go to the Friedensrichter. He will hold a hearing trying to find an amicable resolution to the dispute. If no settlement is reached the Friedensrichter will issue a so called "Weisung".
If the creditor wants to persue the matter he has to submit the Weisung to the district court (eg Bezirksgericht Zürich). By doing so, he initiates the civil trial.
You may or may not be represented by a lawyer. As it is a matter of civil law you have to pay your own lawyer. Normally the loosing party has to compensate the winning party for the costs incurred (including lawyer fees).
The Betreibungsverfahren on the other hand is a procedure which helps you to a enforce a claim. But only a court of law can decide weather a claim is justified or not.
Thanks for your response Calvin,
To clarify, where a dispute then goes to an initial hearing with a Friedensrichter, it is at this point that lawyers can be involved (i.e. prior to a civil trial)? even with small claims?
Yes, you may be represented by a lawyer at the hearing. I also should add that if the value in controversy (Streitwert) is below Fr.500.-- the Friedensrichter is competent to decide on the dispute himself. Then the matter cannot be brought before the district court.
Greetings all
I have an outstanding debt with a swiss citizen that is documented and has not been payed in 6 months. I was wondering if I can file a claim as described above without being present and submit written/oral documentation. The amount is < $1000, however this route appears to be my only option.
Kind Regards
Ian
I have a dispute with the local transport company (TPG) in Geneva. I was injured on a bus when the door closed on me catching my foot and twisting it badly. I had to have about 2000 CHF of medical treatment. When I sought reimbursement for medical expenses the TPG refused to pay. They claim they have no liability. There were witnesses to the event and I saw TPG or police interviewing them, but I was being carted off to hospital in not too good shape. I have applied to Transport Ombudsperson and she said they should compensate me in one communication to TPG, but then when they did not reply and insurer said they will not compensate me, she said there nothing more that can be done by her.
Can this claim be brought before a small claims court in Geneva?
Can it be done without a lawyer?
Can it be done in English?