CASE
Appeal of decision about distraint of salary and bank funds.
The case is examined
Through decision by court in Minnesota, USA, Axel Johansson was put
under the obligation from April 1 1997, to pay child support for his three
children, Alexander, Stefan and Rebecca in the amount of 780,23 dollar/month.
Through decision the 15 October, 1997 by Svea Hovrätt, it was decided
that the American decision may be executed in Sweden as Swedish courts
legal order. After that Axel Johansson appealed Svea Hovrätts decision,
Högsta Domstolen decided April 3 1998 to leave his appeal without
consent.
After request from the children Kronofogdemyndigheten in Malmö,
office in Lund, (reference I.D. 42,43 and 44 1998) decided upon distraint
of Axel Johanssons salary in the amount of 7,400 sek/month on May 20 1998
and distraint of funds in one of Axel Johansson's bank accounts in the
amount of 8,705 sek on May 26, 1998.
Axel Johansson has appealed the distraints and requests that they should
be inhibited "in await of Försäkringskassans International Division
decision in relation to those agreements that exists between USA and Sweden".
The collection authority has made statements. Also Axel Johansson has made statements.
It seems as if Axel Johansson has based his appeal mainly on that
he in American court has requested reduction of his obligation, and that
he has been treated by the American court in a way that made him think
that its order would not gain legal force in Sweden.
Local Court decides the following.
DECISION
After the examination of the legitimate execution that took place in
Högsta Domstolen, what Axel Johansson's request, that the American
order should not gain legal force in this country, can not give rise to
change of the decision from Kronofogdemyndigheten. Any change thereof can
neither take place due to what Axel Johansson otherwise has stated. Tingsrätten
therefore ratify the decision from Kronofogdemyndigheten.
HOW TO APPEAL, SE APPENDIX (DV 405 C)
Appeal should be done at the latest the 21 July 1998 and be directed to the District Court of Skåne and Blekinge. Approval for reconsideration is necessary.
As above
Thorsten Lunderquist