I stopped paying my debts in France ...
I stopped paying my debts in France ...
"A few years ago, I took out a loan in France. When I moved to Switzerland, I could barely cope with all my expenses for tax, rent, loans, food and my three children. So I've stopped paying the charges on the French loan and I've been summoned for a hearing in France. When this judgment becomes enforceable, what procedure will the creditor follow to recover his debt in Switzerland? What should I do?"
Sandra, Geneva
If a French court orders you to pay the debt, your creditor will probably take legal action against you in Geneva and you will be served with a summons to pay.
If you wish to contest the summons to pay, you can "oppose" it by making an immediate verbal or written declaration to the person issuing the summons to pay or to the debt collection office within ten days of notification.
The French judgment against you will be recognised in Switzerland under the Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters and, as soon as it is enforceable in France, it may therefore also be declared enforceable in Switzerland.
As a result, your creditor will be able to lift your opposition to the summons to pay by presenting the French judgment to the Geneva court as part of an "application for final release of opposition".
Your creditor will then be able to request the continuation of the debt collection proceedings, with the result that the debt collection office will seize your assets.
Note that the debt-collection office will then calculate what assets and/or income could be seized from you in addition to the subsistence minimum.
The best thing you can do is contact your French creditor to negotiate a payment arrangement or save as much as you can so that you can repay your debt as quickly as possible to the debt collection office if legal action is taken.
Of course, you also have the option of consulting a lawyer for personalised advice by requesting legal aid for his or her fees.
