Enforcement of claims

Claims are enforced by means of debt enforcement and legal proceedings or legal action. If debtors do not pay, creditors can run into difficulties. I am at your disposal.

If a debtor does not pay, the claim must be enforced. Which path the enforcement of the claim takes depends on whether it is a monetary claim or other type of claim. Enforcing claims incurs costs, which must be set in relation to the intended success. The right procedure helps to avoid costs.

In the case of monetary claims, a debt enforcement procedure will usually have to be initiated after an unsuccessful demand for payment. If the debtor does not raise a legal objection, a request for continuation can be made.

If the debtor raises a legal objection, the debt enforcement cannot be continued until the legal objection has been eliminated. The legal objection must be eliminated in legal proceedings. If the claim is based on a provisional or definitive title, a less expensive and usually quicker procedure for dismissing the objection can be carried out instead. After the elimination or dismissal of the objection, a request for continuing the enforcement proceedings can be filed.

If the debtor is not registered in the commercial register, the debt collection office will proceed to seize assets. Any seizure proceeds are paid to the creditor after deduction of the costs of the debt collection office (and, if applicable, the dismissal proceedings). If nothing can be collected from the debtor, a certificate of loss will be issued after one year.

If the debtor is registered in the commercial register, the debt collection office will serve him with a bankruptcy notice. If the debtor does not pay, the creditor can file a petition for bankruptcy with the court. This procedure is not without risk for the creditor, as he must advance the initial costs of the bankruptcy office.

If the conditions are met, assets of the debtor in Switzerland can be seized by attachment order. During the following execution, the seized object is realised and the proceeds, after deduction of the costs, are paid out to the creditor up to the amount of the claim. In particular, the following are grounds for attachment: the debtor’s domicile is outside Switzerland and the claim has a connection with Switzerland or is based on an acknowledgment of debt; the creditor has a definitive title to initiate legal proceedings against the debtor.



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