How do I get my money back?

How do I get my money back?

"I lent a large sum to an acquaintance who had lost his job. I handed the money over to her. We didn't sign any papers, but I had spoken to my wife beforehand to get her agreement and I told my banker what my withdrawal was for. I'm losing confidence and wondering how I'm going to get my money back if I don't spontaneously get it back on time".

Anyone who considers themselves to be in debt to someone else can apply to the Debt Enforcement and Bankruptcy Office to be served with a summons to pay. However, debtors can easily lodge an objection if they do not believe they owe the sum of money claimed, otherwise they risk having their assets in excess of their subsistence minimum seized, in particular any wages they may earn, or even being declared bankrupt if they are entered in the Commercial Register.

If he does not have a written acknowledgement of debt or a judgement in his favour, he must apply to the court for payment, i.e. an "acknowledgement of debt action" under article 79 of the Federal Debt Enforcement Act, in order to order his debtor to pay him the amount sought.

In the context of these legal proceedings, Article 8 of the Swiss Civil Code places the onus on the creditor to prove the facts on which he bases his claims. The means of proof are defined by the Federal Code of Civil Procedure: in addition to the statements made by the parties, the main forms of evidence are the documents that may be produced in court by each of the parties, the witnesses to be heard by the court and any expert reports ordered by the judge. Often, the parties put forward several contradictory means of proof to prove or deny a fact, and it is the judge who decides after having freely assessed the significance of each of them.

If the judge is convinced by these clues and your explanations, he will order your debtor to pay you back the amount you claim from him when the loan matures, and your proceedings can continue with a seizure or bankruptcy if no payment is made by then.