2023-08-24 19:03:02
Vaud
Charged over funeral settled years ago
Five years following his father’s funeral, a contractor received an order to pay. However, the amount claimed had already been paid to the funeral home.
PostedAugust 24, 2023, 9:03 PM
Image d’illustration
Freepik
Improperly prosecuted by the company that took care of his father’s funeral, an entrepreneur did not appreciate the company’s way of doing things: “I had never yet received an order to pay. As soon as I was able to provide proof that the benefit had long since been settled, I demanded that this lawsuit be struck out. My reputation is at stake.”
Before that, the Vaudois had received a notice in the post while he was on vacation. “Upon my return, I contacted La Poste, which no longer had the fold. I was advised to go directly to the Office of Prosecution and Bankruptcy, which I did. That’s when I found out what it was,” he said.
Payment made on time
Stunned by this summons to pay for his relative’s funeral five years following his death, he launches his research to verify if the bill has remained unpaid all this time. “A friend who works at BCV agreed to check my father’s closed account. The payment had indeed been made on time, ”says the Lutrien.
“There was double billing. We sent an order to the person who had mandated us. A month later, another bill was sent to her sister, who paid it. We then forgot to cancel the first order, which remained open”, explains Serge Zwyssig, deputy director of Pompes Funèbres Générales SA
According to him, this is the first time that his company has been confronted with this problem. Surprised that the client did not receive a reminder before the order to pay, he justifies the long lapse of time between the funeral and the sending of the lawsuit thus: “With estates, we are obliged to leave a lot of time before to get paid. But for legal reasons, if we want to recover our due, we must initiate the prosecution procedure within five years. Finally, Serge Zwyssig assures that he has taken all the necessary steps to have the lawsuit canceled by the Office concerned.
A service invoice is due within five years. After which, there is prescription. In addition, the retention period for evidence is ten years. Banks are required to inform their (former) customers regarding the transactions carried out during this period.
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