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DEBT COLLECTION IN
SWITZERLAND
A presentation brought to you
by LawyersSwitzerland.com
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The Debt Collection
Procedure in Switzerland
• The process of debt collection in
Switzerland is divided into two
stages:
the amicable procedure;
the legal procedure.
• When you are dealing with high
outstanding liabilities in Switzerland,
it is advisable to hire a debt collection
agency or a law firm in this country.
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The Amicable Procedure in Switzerland >>
• An amicable procedure in
Switzerland consists in trying
to reach a settlement with the
indebted without involving a third
party.
• The procedures, which have to be
completed before a debt is
recovered by the agency, begin with
the verification of debts availability.
• If the claim is justified, the debtor
will receive a payment order.
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>> The Amicable Procedure in Switzerland
• The request must contain the
following information: the due
amount, the procedure of covering
the debts and the instructions for
depositing a formal objection.
• The due claim has to be covered
no later than 20 days from the
notification.
• The claim can be contested by the
debtors without providing a reason
but no later than ten days from
delivering the request.
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The Partial Repayment
in Switzerland
• Other method of payment in the
amicable procedure phase, can be
the partial repayment.
• In this case, the creditor accepts
giving up a partial part of the amount
from the debt with the condition
of immediate payment of the rest
of the debt.
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The Legal Procedure in Switzerland >>
• If the amicable procedure is not
successful, the legal phase may
begin.
• The payment order becomes
enforceable just like a court order if
the debtor doesn’t file a formal
objection and still doesn't pay the
debt.
• If the debtor files a formal objection,
the creditor must initiate a summary
court procedure.
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>> The Legal Procedure in Switzerland
• In order to initiate the legal
procedure, the creditor will need
the due invoices, the proof that the
invoices were received by the
debtor.
• There are three methods to obtain the
coverage of the claims: by seizure of
assets, by realizing pledged
property and by the bankruptcy
procedure.
• All these can be decided by
the competent courts.
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The Bankruptcy Procedure in Switzerland >>
• The application for bankruptcy can
be filed by the debtor himself, who
can deposit it to the bankruptcy
court.
• The court will initiate the bankruptcy
proceedings only if there was no
prospect of an amicable settlement
established with creditors.
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>> The Bankruptcy Procedure in Switzerland
• During the process, no debt
collection measures may be
taken against the debtor.
• Debts remain in the form of
certificates of unpaid debt and
after the bankruptcy proceedings
have been closed, new debt
collection measures can be
brought against the debtor.
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Legal Assistance in Switzerland
• When dealing with debt recovery in
Switzerland, it is recommended to
use the help of a law firm, which can
provide you legal advice on the
matter.
• For assistance with the issues related
to debt collection procedure in
Switzerland, you may contact our
Swiss lawyers.
Thank you for your
attention!
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Please contact us for more information at:
(+44)203-287 0408
http://www.lawyersswitzerland.com/
