The Swiss authorities online
You are a private individual, have not made an official objection to a payment summons or your objection was rejected, and you fail to pay the amount demanded within the deadline required (i.e. within half a year from the 20th day following receipt of the summons). If all this applies to you, the bankruptcy office may order the seizure of your assets and your income in order to pay off the debt.
The same thing can happen in the case of a legal entity registered in the Commercial Register.
In general, the following assets can be seized:
The law requires that the employer must be informed when a salary is seized. The bankruptcy office must agree to any deviation from this rule.
When a salary is seized, the debtor has the right to retain an amount to cover the minimum subsistence level for themselves and their family. This amount is determined on the basis of the personal and family situation of the debtor and according to federal guidelines.
There are certain fixed living costs which are considered unavoidable and over and above the minimum subsistence level. These include:
Any debts may be deducted from assets when it is clearly indicated who the creditor is. However, repayments cannot be deducted from income.
It is becoming more common for companies to ask for proof of solvency when a person wishes to take out a rental or leasing agreement, telephone contract or bank loan. If you are in debt, such services may be barred to you.
Parents are not liable for their children’s debts, not even if they have agreed to the contract that their child entered into, for example the purchase of a computer. The parents are only liable (joint and several liability) if they have expressly undertaken to be so.
In the case of a married person or a person in a registered partnership a distinction is made between who is liable for a debt and with which assets the person is liable for any accrued debts:
Normally a person is not liable for the debts of their spouse or registered partner. Joint and several liability only exists when:
A married person is liable with their own assets for debts towards third parties if the couple are subject to the matrimonial property regime of the joint ownership of acquired property, which is the case for the majority of married couples, or have separate estates. If they have a joint estate, a regime that is rarely chosen, marriage property law distinguishes between general debts, which include only a few of the types of debt listed in the law, and personal debts. In the case of a joint estate regime, the indebted spouse is liable with both their own assets and with the joint estate (general debts) or with half of these joint assets (personal debts), so that the spouse without debts may also be liable with the assets in the joint estate.
The estates of persons in a registered partnership remain separate, unless they determine otherwise.