Maintenance payments and wage garnishments
Maintenance payments and wage garnishments
"I live in Annemasse. In 2004, I obtained a judgement from the Geneva Court ordering the father of my son to pay a maintenance contribution of CHF 600 for his child. Since then, I have received absolutely nothing from him. He lives in France, but works in Geneva. I started proceedings in France, but they were unsuccessful because he closed his accounts there. So I contacted a lawyer in Geneva to ask for my wages to be garnished. He suggested I contact a debt collection agency, and I followed his advice. However, I haven't heard from the company since March this year. What should I do?"
Martine, Annemasse
As you will have understood, the Service cantonal d'avance et recouvrement des pensions alimentaires (SCARPA) in Geneva is not competent to help you because you live in France.
However, as you live in Annemasse, you can already contact the Caisse d'Allocations Familiales, rue du Parc 24, 74100 Annemasse (telephone 04 50 38 24 50) to collect the family allowance owed to you of EUR 87 per child. The caisse should also be able to initiate its own proceedings to help you recover your child support payments.
You state that your son's father no longer holds any assets in France. However, ordinary proceedings in Switzerland are not possible against him because he is domiciled in France and there is therefore no ordinary forum in Switzerland. On the other hand, a sequestration of his salary on the basis of the Swiss judgment would be possible. Article 271 of the Debt Enforcement Act allows the creditor of a debt that has fallen due and is not secured by a pledge to request the sequestration of the debtor's assets if he does not live in Switzerland, provided that the claim has a sufficient link with Switzerland or is based on an enforceable judgment. This procedure is relatively quick.
In its capacity as agent, the collection company is supposed to inform you regularly of the results of its efforts. If these steps do not appear to be effective, you can ask a lawyer to initiate proceedings to have your ex-spouse's salary garnisheed.
