Having searched the fora I can't find an answer to my query so wanted to ask for your help please...
I am pursuing a firm in Geneva for an unpaid debt, via the Office des Poursuites. My claim was registered and opposed by the debtor. I paid the fees to have the opposition lifted and now must contact the Tribunal de Première Instance.
The entire process has been lengthy for numerous reasons not least because I am based outside the jurisdiction (UK) and do not speak FR / DE / IT, so I am feeling around in the dark!
I've been told the process should be straight forward but for the above mentioned reasons that simply hasn't been the case for me.
So my question, should I engage the services of a lawyer at this point?
Or do you think I can successfully see this through by myself?
(I have the time and patience and would like to see it resolved!)
Thanks in advance for any input, it really is much appreciated!
I pursued such a case against a major construction company (for vice cachée) and was forced to file in Frauenfeld, far away from Lausanne which is the branch of the company I had dealt with.
I speak schoolboy/girl German and fluent (i.e. university graduate from a French-speaking university) French. Neither the magistrate nor the SFO of the defendant company spoke either French or English (weird: at my Uni you could not graduate from the law faculty without either another national language or English).
I won my case by consent.
My conclusion: You don't need a lawyer. Just bring a bilingual friend. I wish I'd done that but I won my case anyway. 2'200 francs.
Unfortunately it's for ~CHF20,000, so not-insignificant.
Thanks for your input Caryl, that's heartening!
I was dealing with a very effective English speaker in the Office des Poursuites but that person can no longer help me as the case has progressed from that dept.
My email communication elsewhere has been in very basic French (with help from Google translate, that's how desperate I've been!!).
A fear I have is that I'll be stonewalled in a court as I can't really communicate in FR/DE/IT. Your suggestion of getting a bi-lingual friend to help is something I'll definitely try to do. Or maybe even a translator, should I have to present myself in person.
The most important part that there are some deadlines until you must respond and show the evidences that the other party owes you money. If you let this deadline pass with no or insuficcient response the other party will win the case.
The court language is French. That's it and you have to deal with it. It is up to do you to get all the relevant details translated in French. If you do not the other party can translate your English in a French that suits them best.
You do not need FR/DE/IT. You are filing in Geneva. You need French. If you spoke DE or IT you'd find yourself in the same problem.
20k is a lot of money. But lawyers cost 300 per hour. Just note that my friend is still in court trying to recover 14k. It's been 12 yrs. The good news is that she wins the loser needs to pay the legal fees as well. The bad news is even is she wills it's not likely the guy will ever pay anything.
Is the company/individual solvable or is this a bankruptcy?
Yes. I was invoked by the office of cadastre in Lausanne years ago with the warning that all proceeding would be in French language. Actually my professional French is 100%. Only had to beg for help with one word "fungible"'(as money). They laughed: it's a cognate.
I can't see them bankrupting the company because it's actually part of a bigger firm that is hugely connected and solvent. I guess I will try to paddle my own canoe for as long as possible and hope for the best!