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Debt collection proceedings
Anyone can initiate debt collection proceedings by making a written or verbal statement to the competent debt collection office at the place of residence of the debtor.Normally there are four stages in the introductory procedure:
- Debt collection request: The debt collection office examines the debt collection request to ensure that it is in the correct form, but not as to whether the claim is justified.
- Summons for payment: The debt collection office issues the summons for payment. This is served on the debtor at his or her place of residence or work by an official or by post. The summons for payment contains an instruction to settle the debt or to make an formal objection.
- Formal objection: Debtors can contest unjustified debt collection proceedings by lodging a formal objection. No reasons for objecting need to be given. The formal objection must be lodged immediately with the bearer of the notice to pay, or within ten days with the competent debt collection office verbally or in writing.
- Dismissal of objection: The objection is dismissed if the creditor shows that the debtor actually owes the debt. The dismissal of objection can be either final or provisional.
After the introductory procedure, three different forms of debt collection can be pursued:
- debt collection by seizure of assets
- debt collection by realising pledged property
- debt collection by bankruptcy (ordinary bankruptcy procedure)
The debt collection office at the debtor’s place of residence and the cantonal debt advisory service can provide further information on the individual procedural steps. In addition, you can consult a lawyer at any time.
With the application for continuation, the creditor indicates his or her wish to continue with the debt collection procedures (seizure of assets, realisation of pledged property, bankruptcy) against the debtor.
During the debt collection holiday periods, no debt collection activities (such as serving the summons for payment) may be carried out. The debt collection holiday periods include seven days before and after Easter and Christmas as well as from 15 from 31 July.
The filing of the debt collection request is not regarded as a debt collection activity - and is therefore permitted during the debt collection holiday periods.
The filing of the debt collection request is not regarded as a debt collection activity - and is therefore permitted during the debt collection holiday periods.
In certain situations, (e.g. while on military service, in the event of the death of a close relative, or in cases of serious illness, debtors may be granted a stay of proceedings, during which no debt collection activities may be carried out.
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