Debt Collection and Enforcement in Switzerland

Requisition (art. 67 DEBA)

Filed with the enforcement office at the debtor's domicile (art. 46 DEBA). No proof of claim needed. Any creditor may initiate - a Swiss particularity.

Payment Order (art. 69 DEBA)

Served on the debtor, indicating the amount, cause and deadline for objection. Not a judgment: an administrative act.

Objection (art. 74 DEBA)

The debtor may object within 10 days (art. 74 para. 1 DEBA). No motivation required. Objection halts proceedings and requires the creditor to obtain removal or file a debt recognition action.

Removal of Objection

Definitive (art. 80 DEBA): if the creditor has an enforceable title (binding judgment, authenticated deed). Provisional (art. 82 DEBA): if the creditor has a debt acknowledgment (signed contract, acknowledged invoice). The debtor may then file a debt liberation action within 20 days (art. 83 para. 2 DEBA).

Continuation

Seizure (art. 89 et seq. DEBA)

For persons not subject to bankruptcy. Office seizes assets in statutory order: movables, then claims, then immovables. Certain assets are exempt (art. 92 DEBA): essentials, work tools, subsistence minimum.

Bankruptcy (art. 159 et seq. DEBA)

For persons subject to bankruptcy (mainly those registered in the commercial register). Creditor requests bankruptcy notice (art. 159 DEBA). If debtor does not pay within 20 days, creditor requests bankruptcy from the court (art. 166 DEBA).

Certificate of Loss (art. 149 DEBA)

If seizure does not cover the full claim: constitutes a debt acknowledgment (art. 149 para. 2 DEBA) and allows renewed enforcement. Prescription: twenty years (art. 149a DEBA).