Debt Enforcement in Switzerland | Magic Heidi

Debt enforcement (Betreibung) is the state procedure for enforcing a monetary claim. A payment order does not establish that the claim is justified. Before applying, check whether payment is due, what evidence you have, any objections and the likely costs.

The key deadlines from service of the payment order: 10 days to lodge an objection (Rechtsvorschlag), 20 days to pay. These are separate deadlines, not two options available throughout a 20-day period (Articles 69 and 74 of the Debt Enforcement and Bankruptcy Act, SchKG).

Before applying: check the claim and the economics

Gather the contract or accepted quotation, evidence of work delivered, the invoice, payments received and correspondence. Resolve justified complaints. A payment order does not remove rights concerning defects or counterclaims.

There is no statutory requirement to send three reminders. A clear payment demand can nevertheless be useful. Being due and being in default are different: under Article 102 of the Code of Obligations (CO), a reminder after the debt falls due generally puts the debtor in default. An agreed fixed deadline can replace that reminder; a date added unilaterally to an invoice does not automatically do so. See payment terms and default in Switzerland.

Only demand additional amounts with a sound basis. Statutory default interest is generally 5% a year from default (Article 104 CO). Reminder fees do not become payable simply because you put them on a reminder.

Compare the possible recovery with cost advances, litigation costs and your time. There is no universal minimum claim above which enforcement pays off. For a temporary cash-flow problem, a written instalment agreement can be an alternative, but does not guarantee payment.

Step 1: identify the debtor and competent office

Enforcement generally takes place at the debtor's domicile; registered legal entities and companies are generally pursued at their registered office (Article 46 SchKG). Special enforcement venues and exceptions exist. Have jurisdiction checked if the address is unclear or the case has an international element.

A sole proprietorship is not a legal person separate from its owner. Identify the correct debtor. For companies, Zefix helps check the name and registered office; registered capital is not evidence of available cash.

Step 2: submit the enforcement request

Under Article 67 SchKG, the request must include, in particular:

• Names and addresses of creditor and debtor, and representatives where applicable.
• The claim amount in CHF.
• The interest rate demanded and its starting date, if you claim interest.
• The debt instrument and its date or, without such a document, the grounds for the claim.

Be specific: for example, “Fee under the engagement dated date, invoice no. number”. Issuing the payment order does not involve a final assessment of the underlying claim. Keep your evidence for any subsequent court proceedings.

What does starting enforcement cost?

Fees follow the federal schedule under the SchKG, particularly the claim amount and enforcement action. They are not automatically lower for individuals than for companies. Service and other expenses can be added.

For example, Article 16 of the fee ordinance sets the basic payment-order fee at CHF 20.00 for claims above CHF 100.00 up to CHF 500.00, CHF 40.00 above CHF 500.00 up to CHF 1,000.00, and CHF 60.00 above CHF 1,000.00 up to CHF 10,000.00. Additional duplicate copies incur an additional fee; paragraph 3 specifies CHF 7.00 per service attempt. Other expenses may arise. These tariff items are not a flat total advance for the entire case.

Ask the competent office for the actual advance for your claim and intended steps. An advance for a payment order does not automatically cover continuation, seizure, bankruptcy or proceedings to set aside an objection. Court proceedings can involve further advances, party costs and adverse-cost risks.

Under Article 68 SchKG, the debtor bears enforcement costs, but the creditor must advance them. If enforcement fails, repayment to you is not assured. “The debtor bears the costs” is not a cost guarantee.

Step 3: the payment order and three possible responses

1. Payment: Reconcile principal, interest, costs and any direct payments. Keep the office informed of the balance.
2. Objection: The debtor can generally object when served or within 10 days at the office (Article 74). This stops enforcement to the extent disputed, but does not decide whether the claim is valid.
3. No payment and no objection: You can request continuation no earlier than 20 days after service (Article 88). The right generally expires after one year; the period is suspended during court or administrative proceedings prompted by the objection.

The subsequent enforcement method depends on the debtor and claim. Not every continuation request leads to wage garnishment: enforcement may proceed by seizure or bankruptcy, in particular.

Objection: definitive or provisional setting aside?

Definitive setting aside of the objection (definitive Rechtsöffnung / mainlevée définitive) under Article 80 SchKG: You have an enforceable court decision or a legally equivalent instrument. A privately signed promise to pay is not automatically such an instrument.

Provisional setting aside under Article 82 SchKG: An acknowledgement of debt recorded in a public deed or confirmed by signature may provide the basis. The court checks whether your documents qualify and considers the debtor's defences. An invoice alone is generally insufficient, and so is an agreement by e-mail without a signature.

After provisional setting aside, the debtor can bring an action disputing the debt within 20 days (Article 83). This is not merely a deadline for an evidentiary motion. If the debtor does not sue, or the action is dismissed, the setting aside and any provisional seizure become definitive (Article 83 paragraph 3).

No suitable instrument: You may need to establish your claim through ordinary court proceedings (Article 79). Check the evidence, applicable procedure and costs before proceeding.

Our guide removing an objection shows step by step how to apply for provisional setting aside, with enclosures, costs and deadlines.

Certificate of loss: preserve rights without promising recovery

Following an unsuccessful seizure, participating creditors receive a certificate of loss (Pfändungsverlustschein) for the uncovered amount (Article 149). It counts as an acknowledgement of debt under Article 82. For six months after service, enforcement can continue without a new payment order. After that, a new enforcement procedure is generally required.

The documented claim generally becomes time-barred 20 years after issue (Article 149a); a special period applies against heirs. The debtor owes no interest on the claim recorded in this certificate (Article 149 paragraph 4). There is no general five-year period under Article 67. Bankruptcy certificates of loss have additional rules; do not apply the seizure rules indiscriminately.

Keep the original and procedural records safely and maintain a deadline calendar. An ordinary reminder does not interrupt limitation; Article 135 CO includes acknowledgement and legal steps among the grounds for interruption. See when Swiss invoices become time-barred.

Frequently asked questions

Must I send three reminders first?

No. The number of reminders is not a statutory escalation ladder. Check whether the debt is due, whether default has begun and whether the contract imposes any requirements.

Does a payment order guarantee recovery?

No. It confirms neither the validity of your claim nor the existence of seizable assets. An objection may make court proceedings necessary.

How should I document the case?

Keep a list of the principal, partial payments, interest start date and calculation, the basis for fees and official deadlines. Invoicing software replaces neither a legal instrument nor professional assessment.

Sources

• SchKG on Fedlex: Articles 46, 67–69, 74, 79–83, 88, 149 and 149a.
• SchKG fee ordinance: fees and expenses; ask the office for the actual advance.
• Code of Obligations on Fedlex: default, interest and interruption of limitation.

General information, not individual legal advice. Seek professional help with disputed claims and official deadlines.