Here you’ll find detailed information on how to manage your claims effectively, whether you’re a creditor or a debtor.
Our law firm will be with you every step of the way, offering expertise and personalized advice to defend your rights.
The prosecution procedure
The debt collection procedure is the starting point for any debt recovery action.
The creditor initiates this process by contacting the Debt Collection Office.
This process is crucial to ensure that creditors’ rights are respected, and to inform the debtor of the existence of the claim.
We explain in detail this procedure and the documents to be submitted to ensure that everything is in order, while respecting legal and formal deadlines.
The pursuit requisition
The debt collection requisition is the first application that the creditor must file with the debt collection office.
This document officially launches the proceedings.
The creditor must indicate the amounts owed and provide all the necessary information so that the Office can notify the debtor.
If you are a creditor, we can help you draw up this requisition to avoid any errors that could delay the procedure.
Order to pay
Once the debt collection requisition has been accepted, the debt collection office sends a summons to pay to the debtor.
This official document informs the debtor that he must pay the sum claimed within a certain period, or lodge an opposition if he disputes the claim.
If you receive an order to pay, it’s important to act quickly and consult a lawyer to understand your options, whether to pay, negotiate or dispute the sum.
Opposition to a payment order
The debtor has the right to contest the payment order by lodging an opposition within a strict time limit.
This opposition suspends the legal proceedings and obliges the creditor to prove the validity of his claim.
As a debtor, it’s essential to know the legal means of protecting your rights in the face of a disputed claim.
As a creditor, we can help you respond to this opposition and prepare the next steps in asserting your claim.
The release procedure
When the debtor lodges an opposition, the creditor must ask for the opposition to be cancelled.
This involves proving before a judge that the claim is legitimate.
There are two types of release: provisional and definitive, depending on the evidence you are able to provide (contracts, IOUs, previous judgments).
We will support you in this procedure, helping you to assemble the documents you need to obtain the release and pursue debt collection.
Conclusion
Debt collection law in Switzerland is a complex field, requiring a detailed understanding of the laws and the deadlines involved.
Every step of the way, from the requisition to the discharge procedure, requires rigorous attention to protect your interests and ensure that your rights are respected.
Whether you are a creditor or a debtor, our lawyers are at your side to support you throughout this process.