To Tingsrätten where Kronofogdemyndigeheten in Lund has its main office

The complainant

Axel Ture Rogert Johansson, 530902-4155, Gårdsåkra 11A, 241 35 Eslöv

Case

Decision about distraint of salary L-1172-98/1240 from 98-05-20 and 
distraint of deposits in account 7416-20-01383 Färs och Frosta Sparbank in Eslöv, from 98-05-26.

Complaint

I request that Tingsrätten cancel the decision about distraint of salary and bank deposits in await that Försäkringskassans International Division decides upon the amount of child support and way of collection with consideration to the agreements that exists between Sweden and USA. This was earlier done by the ministry for foreign affairs but is since January 1997 the responsibility of the international division. Kronofogdemyndigheten is not the right authority to make these decisions without decision from Försäkringskassans International Division.

In await of Tingsrättens decision I also request inhibition of the distrained funds since I do not think they will be returned in case Tingsrätten approve my appeal.

Other Information

I have at two different occasions (960725 and 960906) requested in American court that my support obligation should be reduced with respect to the complicated international situation myself and my children are having. The current obligation of SEK 6,076 makes it economically impossible for me to maintain any meaningful relation with my 3 children. I therefor hope that Försäkringskassans has made agreement with USA that consider the rights as well as the obligations that are in effect for Swedish Citizens

Since I can not afford to hire a lawyer in USA, I am forced to write my own appeals. This is not accepted by American court since I do not follow the rules of Civil Procedure that exist in Minnesota. I have asked the court to clarify what is wrong with my appeals without result. I think I write in the same way that petitioners lawyer is. Instead they request that I should appear in person to hear my appeals.

My situation in USA is not encouraging. The social authorities custody evaluation recommends that I should have custody of our children and that they should live in Sweden. This is not accepted by the court, instead I am sentenced to 10 + 90 days imprisonment because

  1. being disrespectful to the court 970115 when I expressed my opinion about the American justice system. This I did after that Judge Duffy explained that he would do everything within his powers to make my life miserable and make it difficult with visitation with my children.
  2. not paying petitioners lawyers fees or the ordered child support.
They way I have been treated by the American court made me think that it would never be recognised by a Swedish court. I think it is my right as a Swedish Citizen to appeal their decisions. My property is still in USA and has been given to petitioner without deduction of my arrears. When I returned to Sweden in May 1996, I contacted the local social services, Kronofogden and Försäkringskassan and made my self available for them. I was then recommended to wait for the formal request from petitioner since they where not informed about the international agreements. Försäkringskassan refereed me to the ministry for foreign affairs. Since I had already been in contact with the Swedish Embassy in New York without getting any help, I decided to wait. It is with despair I now realise what it means to be subject of distraint.

In my discussions with Kronofogden 20 Maj, 1998 I was informed that I would keep my salary for May. It was with shame I discovered during a business travel to Stockholm last week that my credit card had been blocked and I could not pay for my supper. I could not withdraw any cash for the weekend and I do not know what will happen with my payment service.

I am now planning to appear before the court in USA. Even if I am risking to loose my job, I have to confront myself with the American Justice if I will see my children. It is now 2 years and 1 month since I saw them last. I then hope to have the decision from Försäkringskassan as base to get a reduction of the child support and an agreement with Kronofogden how I can pay my arrears without distraint. With this I also hope I can avoid the ?? (90) days that probably will make me loose my job. The 10 days I will have to get vacation. It frightens me that I will not get a visa in the future after ending up in their criminal records. That is one of the informations you have to give in the visa application. That would mean I will never see my children before they are of legal age and can leave USA.

Högaktningsfullt
Eslöv den 30 Maj 1998

……………………………………………..
Axel Johansson

Appendix 1: Petition and decision about reduced child support 960725/960812
Appendix 2:Petition and decision about reduced child support 960909/961002

To Malmö Tingsrätt.
Case: Ä 7784-98 Rotel:61

The complainant
Axel Ture Rogert Johansson, 530902-4155, Gårdsåkra 11A, 241 35 Eslöv.

Case

Decision about distraint of salary and bank deposits

Statement

Svea Hovrätt has in their reasons 97-11-12 (Ö-3007/97) said that my requests 1-6 can not be legally tried by Svea Hovrätt. I then wonder who can legally decide upon the requests I am making. I do not get any information how to appeal from the court in USA nor do I get any legal assistance. Instead Judge Duffy is saying from the protocol: "It would also be a direct criminal contempt for which he does not need or have a right to a jury trial inasmuch as it was done in presence of the court relative to the disrespect and relative to the lying to the court". To submit myself to jail sentence in USA is obviously the only solution regardless of its consequences.

Svea Hovrätt has also rejected petitioners request for distraint of salary and directed her to Kronofogdemyndigheten. I then assumed that this authority hade the knowledge about rules and regulation that are in affect internationally and that they decide what is "Ordre Public". To my despair they obviously have no experience or knowledge about international amendments to our law (1976:108). Instead they exploit the confidence they showed by first telling me I will keep my May salary and then immediately ask for a distraint of my bank account when the salary is paid. They do not take into consideration my visitation or telephone expenses when they decide upon my minimum needed for existence.

I have used my "rights" to appeal the requests from my ex-wife. I have not refused to pay child support but can not voluntary accept an obligation that makes it impossible to have any visitation with my children. Will Swedish authorities pay for my appearnce in American Court? Will Swedish authorities pay for my visitation costs without questioning the reasonableness in ordered support?

Since I am not granted any legal assistance I can not understand how I shuld know what is juridcal right from an international perspective. Should the amount be according to Swedish or American rules? Can the support be prioritized to pay for medical insurance for our chilren? Should the sentence be 10+90 days in jail? Can I serve the penalty in Sweden? Will I see my children during the jail sentence? Can I ask for leave from my work to serve the penalty in USA?

I am recommended sole legal and physical custody in the custody evaluation that was made by the social authorities in USA and that our children should return to Sweden with me. That Judges, who do not know the difference between Sweden and Switzerland, oppose their recommendations without facts are a question for me. I personally, and probably 90% of all custody evaluators, think that Sweden is a much better alternative for a single Dad than what America is for a single Mom. What happens if she loose her job?

Maybe I should have kidnapped my children and done like the woman from Landskrona did 1996? As I understand she got both economical and judicial help by our authorities to keep he children in Sweden. Was that because she was a woman?

Högaktningsfullt
Eslöv den 16 Juni 1998

……………………………………………..
Axel Johansson
Appendix . My appeal to Högsta domstolen.