Deleting a Debt Collection Entry in Switzerland

Deleting Debt Collection Entries

A debt collection entry on the register can have significant consequences for daily life: difficulties finding housing, employment or obtaining credit. The law provides several ways to have an entry deleted.

Automatic Deletion (Art. 149a Para. 1 DCBA)

Certificates of shortfall and debt collection entries are automatically deleted after 20 years. This period is rarely useful in practice.

Deletion for Unjustified Collection (Art. 8a Para. 3 Let. a DCBA)

If the collection was unjustified from the outset (non-existent debt, wrong person), the debtor may request deletion from the court. The debtor must prove by documentary evidence that the claim did not exist. The court then orders deletion from the register.

Deletion After Payment (Art. 8a Para. 3 Let. b DCBA)

Once the debtor has paid the debt and all costs, they may request a withdrawal declaration from the creditor. Upon presentation of this declaration, the debt collection office deletes the entry.

Deletion After Lapse (Art. 8a Para. 3 Let. c DCBA)

If the creditor has not requested continuation of the proceedings within the one-year time limit (art. 88 para. 2 DCBA), the proceedings have lapsed and the debtor may request deletion.

Deletion Procedure

To obtain deletion, the debtor must:

1. Identify the applicable ground for deletion
2. Gather supporting documents (receipt, judgment, proof of lapse)
3. Submit a request to the competent debt collection office or apply to the court
4. The office carries out the deletion in the register

Effects of Deletion

Once the entry is deleted, it no longer appears on the register extract issued to third parties. The debtor obtains a clean extract for the relevant collection.

The Register Extract

The register extract (art. 8a DCBA) shows collections from the last five years, except those that have been deleted. Collections older than five years no longer appear on the standard extract.