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Knowledgebase
Betreibung – debt collection
in Switzerland
Dari Podhur, Counsel
1 December 2023 – updated 4 March, 2025
Table of Contents
1. Introduction
2. Unique aspects of debt recovery in Swiss law
3. Competent organisations: debt collection office and debt collection agencies
4. The process of debt recovery
5. Unlawful debt recovery and debt collection register extracts
6. Conclusion
7. Debt collection in Switzerland: Frequently Asked Questions (FAQs)
- Debt recovery and debt collection in Switzerland – Legal Framework
2. Unique aspects of debt recovery in Swiss law
3. Competent organisations: debt collection office and debt collection agencies
- Debt collection office - betreibungsamt
- Debt collection agency
4. The process of debt recovery
- Debt collection costs
- The procedure of debt collection
5. Unlawful debt recovery and debt collection register extracts
- Contact information for debt collection offices in Switzerland
6. Conclusion
7. Debt collection in Switzerland: Frequently Asked Questions (FAQs)
Important changes to legislation from 1st of January 2025
Cantonal trade registries and supervisory authorities are authorised to implement enhanced measures in cases of suspected illegal attempts to bankrupt companies, transferring the registered address from one canton to another and refusal to audit. Previously, a declaration that no audit was necessary could be submitted at any time.
This applies to Mantelfirmen (Shelf or Shell companies in Switzerland are a fairly common way to quickly start a business in Switzerland without having to register a company and without having to deposit authorised capital), as well as to ordinary companies and firms supervised by FINMA/SRO/SECO.
More information can be found in this legal alert.
This applies to Mantelfirmen (Shelf or Shell companies in Switzerland are a fairly common way to quickly start a business in Switzerland without having to register a company and without having to deposit authorised capital), as well as to ordinary companies and firms supervised by FINMA/SRO/SECO.
More information can be found in this legal alert.
Debt recovery and debt collection in Switzerland – Legal Framework
Following Swiss law, the procedure for enforcing the monetary debt recovery falls under the jurisdiction of the Swiss Federal Act on Debt Enforcement and Bankruptcy (DEBA) – Bundesgesetz über Schuldbetreibung und Konkurs (SchKG) of April 11, 1889 (281.1).
For the enforcement of any other type of claim, Swiss regulations refer to title 10 of the Swiss Civil Procedure Code (CPC), established on December 19, 2008 (272).
The enforcement procedure is uniform throughout Switzerland, but the language used may vary depending on the Canton.
For the enforcement of any other type of claim, Swiss regulations refer to title 10 of the Swiss Civil Procedure Code (CPC), established on December 19, 2008 (272).
The enforcement procedure is uniform throughout Switzerland, but the language used may vary depending on the Canton.
Unique aspects of debt recovery in Swiss law
Initiating debt recovery
The debt recovery process under Swiss law is unique in that forced execution can begin based solely on claims made by the creditor, without needing supporting documentary evidence. This means that the claimant doesn't need any specific legal documents, such as a civil judgment, arbitration award, administrative decision, or acknowledgment of debt, to initiate the debt collection process.
No legal instruments required
Interestingly, even with solid documentary evidence, creditors must go through the initial debt recovery phase. The only legally recognized instrument allowing for asset seizure or declaring the debtor's insolvency is an enforceable summons to pay, known as a "Zahlungsbefehl." Other documents don't hold legal standing for this purpose, except in unique and specific situations.
Debtor's right to object
Debtors can quickly halt the legal proceedings started by the creditor by submitting an objection to the summons to pay, referred to as an "Opposition gegen den Zahlungsbefehl." This objection gives the debtor an opportunity to challenge the claim, thus stopping the process temporarily.
Lifting the objection
To continue with the enforcement process, creditors must take additional steps to lift the objection, known as "Rechtsvorschlag aufheben." This is necessary for the enforcement to proceed and for creditors to recover their debts effectively.
Debt collection office – Betreibungsamt
Forced execution in Switzerland is considered a state function and in some respects, it resembles police activities. The Swiss system for determining competence in matters of forced execution is intricate. Debt collection responsibilities are assigned to specialized administrative authorities within each Canton, specifically the Debt Collection Office (Betreibungsamt) and the Bankruptcy Office (Konkursamt). Decisions made by these authorities can be appealed to the supervisory authority (Aufsichtsbehörde) under Article 17 of the Swiss Federal Act on Debt Enforcement and Bankruptcy (DEBA). This ensures a structured process for addressing disputes and overseeing the enforcement of debt collection.
However, certain cases of forced execution are handled not by administrative authorities but by civil courts or a county court, necessitating a distinction between three specific situations. These situations involve different legal frameworks and procedures, making it essential to understand the particular circumstances under which each applies. In such instances, the role of the courts is crucial in ensuring that forced execution is conducted fairly and in accordance with the law, highlighting the complexity and thoroughness of the Swiss legal system in handling debt recovery.
However, certain cases of forced execution are handled not by administrative authorities but by civil courts or a county court, necessitating a distinction between three specific situations. These situations involve different legal frameworks and procedures, making it essential to understand the particular circumstances under which each applies. In such instances, the role of the courts is crucial in ensuring that forced execution is conducted fairly and in accordance with the law, highlighting the complexity and thoroughness of the Swiss legal system in handling debt recovery.
Judicial intervention
In cases of significant importance and far-reaching consequences, a civil judge may step in to replace the administrative authorities. The judge renders decisions instead of judgments and acts as an enforcement body. This scenario commonly arises in matters like insolvency declarations, where the judge's jurisdiction is mandatory and not subject to alteration by the involved parties in accordance with Swiss national law.
In cases of significant importance and far-reaching consequences, a civil judge may step in to replace the administrative authorities. The judge renders decisions instead of judgments and acts as an enforcement body. This scenario commonly arises in matters like insolvency declarations, where the judge's jurisdiction is mandatory and not subject to alteration by the involved parties in accordance with Swiss national law.
Procedural issues
Swiss judges may be tasked with resolving procedural matters when one party raises an objection to the continuation of enforcement. Some judgments pertain solely to procedural enforcement law matters, such as the definitive lifting of an objection, while others touch on substantive enforcement law issues, like the provisional lifting of an objection. The judge's jurisdiction in these cases is also mandatory and established by Swiss national law unless overridden by international agreements, such as the Lugano Convention of September 30, 2007 (SR 0.275.12).
Swiss judges may be tasked with resolving procedural matters when one party raises an objection to the continuation of enforcement. Some judgments pertain solely to procedural enforcement law matters, such as the definitive lifting of an objection, while others touch on substantive enforcement law issues, like the provisional lifting of an objection. The judge's jurisdiction in these cases is also mandatory and established by Swiss national law unless overridden by international agreements, such as the Lugano Convention of September 30, 2007 (SR 0.275.12).
Proceedings on the merits
In certain scenarios, judges must adjudicate proceedings based on the merits, separate from forced execution law, but essential to resolving substantive legal disputes. Until these issues are resolved, enforcement cannot proceed due to the uncertainties they create. Typical cases in this category involve actions for recognising and discharging debt, as outlined in Article 79 and Article 83 of the DEBA.
In certain scenarios, judges must adjudicate proceedings based on the merits, separate from forced execution law, but essential to resolving substantive legal disputes. Until these issues are resolved, enforcement cannot proceed due to the uncertainties they create. Typical cases in this category involve actions for recognising and discharging debt, as outlined in Article 79 and Article 83 of the DEBA.
Proceedings on the merits
In such instances, the judge's authority is determined by the contracting parties' intentions, such as a choice of court clause, along with applicable international and national laws. The judge's competence is essential to ensure that the legal proceedings are conducted fairly and in accordance with established legal principles.
In such instances, the judge's authority is determined by the contracting parties' intentions, such as a choice of court clause, along with applicable international and national laws. The judge's competence is essential to ensure that the legal proceedings are conducted fairly and in accordance with established legal principles.
Debt collection agency
A debt collection agency is a private, third-party company or organisation hired by creditors to collect outstanding debts on their behalf. Debt collection agencies specialise in debt recovery and may use various methods, such as sending collection letters, making phone calls, and negotiating repayment plans with debtors.
Debt recovery agents
Debt collectors are individuals or employees of debt collection agencies who are hired or tasked with collecting outstanding debts on behalf of creditors. Debt collectors in Switzerland perform various functions aimed at recovering outstanding debt on behalf of creditors while adhering to Swiss legal regulations and ethical practices.
Debt collection duties
The primary role of a debt collector is to recover overdue or delinquent debts from debtors. This involves contacting debtors, communicating the debt status, and working to secure payment. Debt collectors review and verify the validity of debts. A debt collector confirms the accuracy of the debt details, including the amount owed, debtor information, and the legitimacy of the debt documentation.
Regulated debt recovery
A debt collection agency operates as a business and typically charges fees or commissions based on the debt collected. A debt collection agency is subject to regulations and laws governing debt collection practices to ensure fair and ethical treatment of debtors. Debt collection agencies in Switzerland play a crucial role in assisting creditors with the recovery of debts.
Debt recovery agents
Debt collectors are individuals or employees of debt collection agencies who are hired or tasked with collecting outstanding debts on behalf of creditors. Debt collectors in Switzerland perform various functions aimed at recovering outstanding debt on behalf of creditors while adhering to Swiss legal regulations and ethical practices.
Debt collection duties
The primary role of a debt collector is to recover overdue or delinquent debts from debtors. This involves contacting debtors, communicating the debt status, and working to secure payment. Debt collectors review and verify the validity of debts. A debt collector confirms the accuracy of the debt details, including the amount owed, debtor information, and the legitimacy of the debt documentation.
Regulated debt recovery
A debt collection agency operates as a business and typically charges fees or commissions based on the debt collected. A debt collection agency is subject to regulations and laws governing debt collection practices to ensure fair and ethical treatment of debtors. Debt collection agencies in Switzerland play a crucial role in assisting creditors with the recovery of debts.
The standard procedure for initiating a debt recovery process begins with the preliminary phase, known as the "Vorbereitungsverfahren." This phase falls between the debt collection request (Betreibungsgesuch), as defined in Article 67 of the Swiss Federal Act on Debt Enforcement and Bankruptcy (DEBA), and the request for continuation (Gesuch um Fortsetzung der Betreibung) under Article 88 of the DEBA.
This phase operates under two fundamental principles, with enforcement actions carried out exclusively by the Debt Collection Office (Betreibungsamt). The original creditor doesn't have the authority to execute or serve notices during this phase.
The burden of initiative
Progress in the procedure doesn't occur automatically; it requires proactive steps from the creditor at each stage. Initially, this involves the creditor formally declaring intent to the Debt Collection Office. This step is crucial to move the process forward and ensure that the claim is officially recognized and addressed by the authorities.
Progress in the procedure doesn't occur automatically; it requires proactive steps from the creditor at each stage. Initially, this involves the creditor formally declaring intent to the Debt Collection Office. This step is crucial to move the process forward and ensure that the claim is officially recognized and addressed by the authorities.
The burden of reaction
The debtor can halt the procedure by objecting (opposition). This objection, a formal declaration of intent, shifts the burden to the creditor to substantiate the claim's validity before a state judge or an arbitration court. If the debtor does not take this action, the procedure continues automatically without further intervention.
The debtor can halt the procedure by objecting (opposition). This objection, a formal declaration of intent, shifts the burden to the creditor to substantiate the claim's validity before a state judge or an arbitration court. If the debtor does not take this action, the procedure continues automatically without further intervention.
Before delving into the detailed stages of this procedure, it's crucial to consider three important elements
- Firstly, the process of collecting debts typically commences at the place of domicile or registered office of the debtor. This location is referred to as the "place of enforcement" (Betreibungsort) under Article 46 of the DEBA.
It's essential to distinguish this from the "place of jurisdiction" (Gerichtsstand), which determines the judge's competence for material judicial decisions. Therefore, careful attention must be paid to determine where and what actions need to be taken. - Secondly, creditors residing or headquartered abroad must choose a domicile at the office of a professional representative in Switzerland. If they fail to do so, notifications will be sent to the headquarters of the Debt Collection Office (Betreibungsamt), which could impact the adherence to time limits.
Each step in the debt collection procedure must follow strict time limits. If these limits are not observed, the entire process can be invalidated. This underscores the importance of appointing a Swiss representative to ensure compliance with all procedural deadlines. - Finally, the creditor initiating the process is responsible for covering the costs associated with it.
The fees for the procedure are defined by the Fees Ordinance of the Swiss Federal Act on Debt Enforcement and Bankruptcy (FODEBA).
Debt collection costs
The fee for drafting a summons
to pay varies depending on the debt’s value.
For instance
The fee CHF 90: for debts between CHF 10 000 and CHF 100 000
For proceedings to dismiss a debtor's objection (Verfahren zur Beseitigung des Rechtsvorschlags), the advanced fees depend on the claim value. For claims between CHF 1,000 and CHF 10,000, the fees range from CHF 50 to CHF 300. For claims between CHF 10,001 and CHF 100,000, the fees range from CHF 60 to CHF 500.
The fee CHF 90: for debts between CHF 10 000 and CHF 100 000
For proceedings to dismiss a debtor's objection (Verfahren zur Beseitigung des Rechtsvorschlags), the advanced fees depend on the claim value. For claims between CHF 1,000 and CHF 10,000, the fees range from CHF 50 to CHF 300. For claims between CHF 10,001 and CHF 100,000, the fees range from CHF 60 to CHF 500.
For instance
The fee CHF 190: for debts between CHF 100 001 and CHF 1 000 000
For claims between CHF 100,001 and CHF 10,000,000, the advanced fees range from CHF 70 to CHF 1,000. For claims exceeding CHF 10,000,000, the fees range from CHF 120 to CHF 2,000, as specified in Article 48 of FODEBA.
The fee CHF 190: for debts between CHF 100 001 and CHF 1 000 000
For claims between CHF 100,001 and CHF 10,000,000, the advanced fees range from CHF 70 to CHF 1,000. For claims exceeding CHF 10,000,000, the fees range from CHF 120 to CHF 2,000, as specified in Article 48 of FODEBA.
The creditor's advanced fees for enforcing the debt are added
to the debt itself and will be reimbursed upon the collecting of funds
The procedure of debt collection
The debt collection process starts with the submission of a debt collection request, known as "Betreibungsbegehren," usually provided by the creditor, to the Debt Collection Office at the place of enforcement, as stipulated in Article 46ss of the Swiss Federal Act on Debt Enforcement and Bankruptcy (DEBA). This initial step is crucial to formally initiate the debt recovery process.
The request must include the debtor's name and address, the debt's value in Swiss Francs, the reason for the debt, and any accrued interest. The Debt Collection Office does not verify the debt's validity; this responsibility lies with the state judge or an arbitration court.
The request must include the debtor's name and address, the debt's value in Swiss Francs, the reason for the debt, and any accrued interest. The Debt Collection Office does not verify the debt's validity; this responsibility lies with the state judge or an arbitration court.
Submitting a debt collection
request has two key effects
Debt recording
It compels the Debt Collection Office (Betreibungsamt) to record the debt in the Debt Collection Register (Betreibungsregister), as stipulated in Article 8 of the Swiss Federal Act on Debt Enforcement and Bankruptcy (DEBA).
Time bar interruption
In this scenario, the time limit for the debt's statute of limitations is interrupted, following Article 135 of the Swiss Code of Obligations (CO) dated March 30, 1911 (CO).
Justified debt collection actions
Debt collection actions do not unlawfully attack the debtor's personal rights, as they are legally justified and serve the creditor's legitimate interests. Abuse of law by the creditor occurs when the aim is to damage the debtor's reputation with a baseless debt. The Debt Collection Office notifies the debtor with a summons to pay, requiring payment within 20 days. The timeframe for serving the summons varies by Canton but is usually one or two months. Procedures on the merits often progress alongside the initial debt recovery stages, allowing the creditor to proceed without a judgment confirming the debt's existence after receiving the summons notice.
Debt collection actions do not unlawfully attack the debtor's personal rights, as they are legally justified and serve the creditor's legitimate interests. Abuse of law by the creditor occurs when the aim is to damage the debtor's reputation with a baseless debt. The Debt Collection Office notifies the debtor with a summons to pay, requiring payment within 20 days. The timeframe for serving the summons varies by Canton but is usually one or two months. Procedures on the merits often progress alongside the initial debt recovery stages, allowing the creditor to proceed without a judgment confirming the debt's existence after receiving the summons notice.
Debtor's options and creditor's actions
Debtors have three options: pay the full amount with interest within the given timeframe, take no action (allowing the creditor to request continuation after a 20-day waiting period), or file an objection notice within ten days. Filing an objection does not imply debt acceptance. The creditor must obtain a court order affirming the debt, known as "Rechtsvorschlag erheben." If the creditor fails to dismiss the debtor's objection within one year of the summons being served, enforcement lapses, as per Article 88 of the DEBA. The debt collection procedure can only proceed if the creditor requests continuation after rejecting the objection.
Debtors have three options: pay the full amount with interest within the given timeframe, take no action (allowing the creditor to request continuation after a 20-day waiting period), or file an objection notice within ten days. Filing an objection does not imply debt acceptance. The creditor must obtain a court order affirming the debt, known as "Rechtsvorschlag erheben." If the creditor fails to dismiss the debtor's objection within one year of the summons being served, enforcement lapses, as per Article 88 of the DEBA. The debt collection procedure can only proceed if the creditor requests continuation after rejecting the objection.
Unlawful debt recovery and debt collection register extracts
Swiss law on forced execution is unique, allowing anyone to enforce a debt without needing official authority or prior court validation. In rare cases, individuals might file malicious or frivolous debt enforcement requests solely to record a fictitious debt in the Debt Collection Register, thereby damaging the debtor's financial reputation. Even when a payment summons expires, the enforcement record remains in the register for five years unless the creditor withdraws the enforcement. Moreover, this publicises the fictitious debt, which can cause significant harm to the debtor’s financial standing and creditworthiness.
Abusive enforcement can lead to criminal complaints for coercion under Article 181 of the Swiss Criminal Code. The December 2016 amendment to Article 8a of the Swiss Federal Act on Debt Enforcement and Bankruptcy (DEBA) introduced a mechanism to prevent unjustified enforcement actions from being publicly listed. Creditors can obtain a Betreibungsauszug, detailing a debtor's debts and ongoing proceedings, to make informed credit decisions. Debt collection agencies may report delinquencies to credit agencies, impacting the debtor's credit score and history, further incentivizing debt settlement.
Abusive enforcement can lead to criminal complaints for coercion under Article 181 of the Swiss Criminal Code. The December 2016 amendment to Article 8a of the Swiss Federal Act on Debt Enforcement and Bankruptcy (DEBA) introduced a mechanism to prevent unjustified enforcement actions from being publicly listed. Creditors can obtain a Betreibungsauszug, detailing a debtor's debts and ongoing proceedings, to make informed credit decisions. Debt collection agencies may report delinquencies to credit agencies, impacting the debtor's credit score and history, further incentivizing debt settlement.
Contact information for debt collection offices in Switzerland
Here are contact details for some
of the debt collection offices in major Swiss cities.
Conclusion
To sum it up, the debt recovery process under Swiss law is governed by specific regulations, primarily the Swiss Federal Act on Debt Enforcement and Bankruptcy (DEBA) and the Swiss Civil Procedure Code (CPC) for non-monetary claims.
Competent authorities in Switzerland for debt collection include the Debt Collection Office (Betreibungsamt) and the Bankruptcy Office (Konkursamt), while civil courts may intervene in specific situations. Creditors may hire a debt collection agency - a private, third-party company or organisation that collects outstanding debts on the behalf of creditors.
The debt collection process comprises several phases, beginning with a debt collection request and progressing through various steps, with specific time limits to adhere to.
Swiss law addresses the issue of abusive or unjustified debt recovery, which can harm a debtor's financial reputation. There are mechanisms in place to prevent victims of such actions from being publicly listed in Debt Collection Register Extracts.
In Switzerland, creditors have the option to obtain an extract from the Debt Collection Register (Betreibungsregister) to assess a debtor's outstanding debts and proceedings, aiding them in making informed financial decisions.
Overall, Swiss debt recovery operates under a well-defined legal framework, ensuring fairness and transparency while balancing the rights and responsibilities of both creditors and debtors.
To sum it up, the debt recovery process under Swiss law is governed by specific regulations, primarily the Swiss Federal Act on Debt Enforcement and Bankruptcy (DEBA) and the Swiss Civil Procedure Code (CPC) for non-monetary claims.
Competent authorities in Switzerland for debt collection include the Debt Collection Office (Betreibungsamt) and the Bankruptcy Office (Konkursamt), while civil courts may intervene in specific situations. Creditors may hire a debt collection agency - a private, third-party company or organisation that collects outstanding debts on the behalf of creditors.
The debt collection process comprises several phases, beginning with a debt collection request and progressing through various steps, with specific time limits to adhere to.
Swiss law addresses the issue of abusive or unjustified debt recovery, which can harm a debtor's financial reputation. There are mechanisms in place to prevent victims of such actions from being publicly listed in Debt Collection Register Extracts.
In Switzerland, creditors have the option to obtain an extract from the Debt Collection Register (Betreibungsregister) to assess a debtor's outstanding debts and proceedings, aiding them in making informed financial decisions.
Overall, Swiss debt recovery operates under a well-defined legal framework, ensuring fairness and transparency while balancing the rights and responsibilities of both creditors and debtors.
Frequently Asked Questions
This is a key legal framework in Switzerland that governs debt recovery and bankruptcy procedures.
Creditors can initiate forced execution without the need for supporting documentary evidence, relying on an enforceable summons to pay.
The Debt Collection Office (Betreibungsamt) and the Bankruptcy Office (Konkursamt), with potential intervention by civil courts in specific situations.
The costs are typically borne by the creditor, and these costs can be added to the debt and reimbursed upon successful collection.
By utilising mechanisms introduced under Article 8a of the Swiss Federal Act on Debt Enforcement and Bankruptcy (DEBA).
Legal disclaimer. This article does not constitute legal advice and does not establish
an attorney-client relationship. The article should be used for informational purposes only
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