The Payment Order in Switzerland: How to Object

The Payment Order: Definition and Legal Framework

The payment order (commandement de payer) is the instrument by which the debt collection office notifies the debtor that proceedings have been initiated against them. It constitutes the first formal step in the debt collection procedure governed by the Federal Act on Debt Collection and Bankruptcy (DCBA).

The Debt Collection Request (Art. 67 DCBA)

Any person claiming to be a creditor may file a debt collection request with the debt collection office at the debtor's domicile. Art. 67 DCBA specifies that the request must contain the identity of the creditor and the debtor, the amount of the claim and its legal basis (cause of the obligation). The debt collection office does not verify the merits of the claim: it merely transmits the payment order.

Content of the Payment Order (Art. 69 DCBA)

Under art. 69 DCBA, the payment order must indicate the name and domicile of the creditor, the amount of the claim (principal, interest, costs), the cause of the obligation, and a demand to pay within twenty days. It also informs the debtor of their right to object within ten days of notification.

Notification (Art. 72 DCBA)

The payment order is notified to the debtor by the debt collection office, in principle by personal delivery. Art. 72 DCBA provides that notification may also be made to an adult member of the household or to an employee. If the debtor cannot be found, notification may be effected by publication (art. 66 para. 4 DCBA).

Objection to the Payment Order (Art. 74-75 DCBA)

Deadline and Form of the Objection

Art. 74 para. 1 DCBA grants the debtor a period of ten days from notification of the payment order to file an objection. The objection may be declared orally or in writing to the debt collection office. The debtor only needs to state that they object to the proceedings; they do not need to give reasons.

The objection has the effect of suspending the proceedings (art. 78 DCBA). The creditor must then obtain the removal of the objection or bring court proceedings to have their claim recognised.

Partial Objection

Art. 74 para. 2 DCBA allows the debtor to file a partial objection, i.e. to contest only part of the amount claimed. In this case, the proceedings continue for the uncontested portion.

Late Objection (Art. 77 DCBA)

If the debtor was unable to object within the ten-day period for a legitimate reason (absence, illness, etc.), art. 77 DCBA allows them to request reinstatement of the deadline. This request must be filed within ten days of the cessation of the impediment, and the debtor must make the reason for the delay plausible.

Consequences of the Objection and Further Proceedings

When the debtor objects, the proceedings are suspended. The creditor then has two options:

1. Request removal of the objection from the competent judge (art. 80-84 DCBA), if they hold a document justifying removal (judgment, acknowledgement of debt, etc.).
2. Bring an action for recognition of debt (art. 79 DCBA) before the competent civil court, if they do not hold a sufficient document.

If the creditor takes no action within one year, the proceedings lapse (art. 88 para. 2 DCBA).

Practical Advice

1. Never let the ten-day deadline pass without reacting if you contest the claim.
2. The objection is free and requires no justification.
3. Keep a copy of your objection and request a receipt from the debt collection office.
4. If in doubt about the merits of the claim, consult a lawyer before the deadline expires.