The requisition to continue proceedings is much more than a formality. It is the pivotal point between the initial phase, when the debtor is made aware of the claim, and enforcement measures such as seizure or realization of assets. In Switzerland, this stage is strictly regulated by the Federal Law on Debt Collection and Bankruptcy (LP), which requires creditors to prove their good faith and the admissibility of their claim. In addition to its procedural role, this stage is also strategic: it demonstrates the creditor’s determination to obtain satisfaction, while exerting legal pressure on the debtor. It should be noted that, at this stage, the costs of legal proceedings start to rise, which may encourage the debtor to regularize his situation quickly. The requisition, properly filed, thus marks a crucial turning point towards forced execution.
Compared with a summons to pay, which remains a declaratory step, the requisition to continue the proceedings expresses an active approach and a willingness to enforce the debt. Unlike a seizure, which has a direct impact on the debtor’s assets, a requisition has no immediate effect on the debtor’s property. Nonetheless, it prepares the ground for future actions by engaging the debt collection office in an in-depth analysis of the claim. Another distinctive feature of the requisition is its irrevocability: once submitted and validated, the creditor can no longer back out, except by agreement with the debtor or withdrawal of the claim. This calls for extra rigor in the preparation of this stage. The cantons, including Geneva, set up standardized processes to guide the parties, but administrative errors or oversights can considerably delay the procedure.
For the debtor, the requisition to continue proceedings means a tightening of legal constraints. Once filed, this step triggers a countdown to seizure or, in the event of bankruptcy, an inventory of the debtor’s assets. It is therefore crucial for the debtor to act within the deadline, either by contesting the claim if conditions allow, or by coming to an arrangement with the creditor. For the creditor, this formality reinforces his right to demand performance of the debt, provided he scrupulously respects the deadlines and procedure. If no requisition is made within the time limit following the summons to pay, the proceedings automatically lapse. In the event of a dispute, the debt-collection offices ensure a balance between the parties, but they do not intervene in the substance of the dispute, which is the exclusive responsibility of the competent courts.
In Geneva, the debt enforcement office applies specific rules to ensure efficient management of requisitions. Standardized forms, available online, facilitate the submission of requisitions and reduce administrative errors. However, electronic submission requires a compliant electronic signature, adding a layer of formality to guarantee document authenticity. Creditors must also ensure that all supporting documents, such as contracts or statements of claim, are attached and presented clearly. At the same time, Geneva imposes strict deadlines for the processing of requisitions and their transmission to the relevant departments, which reduces waiting times for the parties. These specific features make it possible to adapt the federal procedure to the canton’s needs, while maintaining a harmonized legal framework.
To initiate a requisition to continue proceedings, the creditor must carry out detailed checks to ensure the validity of the claim. The first step is to examine the exigibility of the claim, confirming that the debt arises from a legitimate obligation, such as a contract, an unpaid invoice or an IOU. Supporting documents must be complete and consistent with the amounts claimed. If there is a discrepancy between the amounts entered and the actual obligations, the requisition may be rejected by the debt-collection office. Next, the creditor must ensure that legal deadlines are respected. In Geneva, the debtor has a certain period in which to lodge an opposition, and no requisition can be lodged until this period has expired. It is also imperative to check that the claim is not time-barred, a rule which varies according to the nature of the obligation (commercial, civil or contractual). Finally, creditors must check that the interest claimed is correctly calculated, as errors in determining it could result in the requisition being cancelled.
For a claim to be the subject of a requisition to continue legal proceedings, it must be legally due and unchallenged in its basis. The claim must arise from a clear and contractually defined obligation, be it a financial debt, an unpaid service or a contractually agreed indemnity. In Geneva, as in other Swiss cantons, debt collection offices require that claims be clearly established and documented. Current claims include unpaid rent, sums owed in a commercial context or repayment obligations in a family or private context. On the other hand, receivables that are not yet due or conditional are not immediately actionable. Furthermore, it is essential that the sum claimed includes only amounts legitimately owed, failing which the debtor can contest the claim. This requirement protects the debtor against abuse and guarantees a fair procedure.
When a debtor contests the validity of a lawsuit by lodging an opposition, the creditor must follow a specific procedure to lift the opposition before being able to lodge a requisition to continue the lawsuit. Depending on the circumstances, the opposition may be lifted by judicial or administrative means. The creditor can initiate proceedings for recognition of debt, or prove the existence and validity of the claim in court. In Geneva, this stage often requires the provision of a detailed file including all relevant supporting documents, such as contracts, account statements or correspondence demonstrating the debtor’s default. Once the opposition has been lifted, the creditor can continue the procedure by filing a requisition to continue the proceedings. It is important to note that failure to respond promptly to an opposition, or irregularities in the request to lift the opposition, can result in significant delays, or even closure of the proceedings.
In Geneva, deadlines for debt collection are particularly strict, and can have a major impact on the validity of the steps taken. The creditor must take care to respect the deadlines imposed for each stage of the procedure. For example, a requisition to continue proceedings must be filed within the limits set after notification of the summons to pay and expiry of the opposition and release deadlines. If the creditor fails to meet these deadlines, the proceedings are cancelled and the creditor has to start the process all over again, wasting time and incurring additional costs. Similarly, the debtor has statutory deadlines for replying or contesting, and any attempt by the creditor to exceed these deadlines could be deemed abusive and rejected by the competent office. Geneva also applies specific practices, such as automatic reminders and increased documentation requirements, which make careful planning essential.
In Geneva, the correct identification of the competent debt collection office is a crucial step in the requisition to continue proceedings. As in other cantons, where procedures are sometimes centralized, Geneva has a single office. The creditor must ensure that his requisition is addressed to the appropriate office to avoid any delay or rejection. This can be done by consulting the cantonal registers available online, or by contacting the authorities directly. It should be noted, however, that incorrect designation of the office often leads to the need to re-file a new requisition, which increases the time required and generates additional costs. What’s more, in the event of a cross-border dispute, Geneva creditors must also take into account the specific rules governing international cooperation to ensure that the Geneva office can validly process the request.
To be valid, the requisition to continue the proceedings must include specific elements, in accordance with the requirements established by Swiss law and local Geneva practice. The creditor must provide a clear description of the claim, including the principal amount, interest calculated up to the date of the requisition, and any ancillary costs. In addition, all supporting documents must be enclosed to enable the debt collection office to validate the request. This includes copies of the payment order, contractual agreements or any other document proving the existence and validity of the debt. Particular attention must be paid to the accuracy of the debtor’s personal details, as errors in identifying the debtor may result in oppositions or delays.
The request to continue the debt collection procedure incurs administrative costs, known as emoluments, which must be paid by the creditor when the request is filed. These fees cover the costs associated with the management of the file by the debt-collection office, as well as the execution of subsequent measures, such as seizure or forced realization. In Geneva, the amount of these fees is calculated on the basis of the amount claimed, and follows a precise fee schedule. Payment can be made online, by bank transfer or direct to the relevant office. If the fee is not paid on time, the requisition is automatically rejected, and the creditor has to start the whole procedure again, which can result in substantial financial losses. It is also important to note that, in some cases, the creditor may include these fees in the claim against the debtor, thereby increasing the total amount demanded.
Any delay or omission in the requisition procedure to continue the lawsuit can have significant legal consequences. If the creditor fails to meet the deadline for filing the requisition, the procedure is cancelled, and he loses his right to pursue the claim under this specific lawsuit. He will then have to start a new procedure, which involves additional costs and a considerable loss of time. Furthermore, if omissions are found in the content of the requisition – such as errors in the amounts claimed or the absence of essential supporting documents – the debt collection office can either suspend processing or demand corrections. In Geneva, local practices demand the utmost rigor in the presentation of documents, and repeated omissions can damage the creditor’s credibility.
The filing of a requisition to continue proceedings has immediate consequences for both the creditor and the debtor. For the creditor, it means the activation of subsequent measures, such as the seizure of the debtor’s assets or the drawing up of a deed of default if the claim remains unpaid. These measures increase the pressure on the debtor to settle his debt, while guaranteeing the creditor’s rights. For the debtor, this step marks a worsening of their legal and financial situation. In Geneva, the debt collection office quickly notifies debtors of the measures in progress, giving them a final opportunity to regularize their situation before the decisions are enforced. Consequences can include entry in the debtors’ register, which can have a negative impact on the debtor’s solvency.
Once the request to continue debt collection has been accepted, the competent office determines the type of debt collection procedure applicable, depending on the nature of the claim and the debtor’s assets. In Switzerland, there are three main types of debt collection: seizure, bankruptcy and realization of pledges. Seizure is applied to debtors who are not subject to bankruptcy, such as private individuals with no commercial activity. Bankruptcy mainly concerns companies or self-employed people entered in the commercial register, while pledge realization applies to claims secured by an asset, such as a mortgage. In Geneva, the office also assesses the feasibility of measures, taking into account assets located within the canton. The choice of debt collection method has a direct impact on subsequent proceedings, and determines the rights and obligations of the parties involved.
Once the requisition has been filed, the creditor and debtor must respect specific rights and obligations. The creditor is obliged to cooperate with the debt-collection office, providing all the information requested and respecting the deadlines imposed to avoid delays in the procedure. The creditor also retains the right to demand the execution of the measures provided for, such as seizure or forced realization, to recover his debt. The debtor, for his part, has the right to be informed of every stage of the procedure and to contest decisions if he considers them to be unjustified. The debtor can also propose an amicable settlement of the debt, which would temporarily suspend enforcement measures.
The specific features of Geneva’s cantons have a major impact on the progress of legal proceedings. For example, the time taken to enforce seizures or certificates of default may vary according to the workload of local offices. In addition, Geneva has accelerated procedures for certain types of debt, such as unpaid rent, enabling creditors to obtain results more quickly. The cantonal legal framework also imposes additional documentation requirements, particularly for international creditors. These particularities make in-depth knowledge of local rules essential to avoid unnecessary delays or disputes. In addition, creditors should be aware of the specific protections offered to debtors in this canton, which include enhanced mechanisms for contesting measures taken by the office. As a general rule, however, procedures and substantive law are largely governed by federal rules, such as the LP or the Code of Civil Procedure.
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