He refuses to withdraw the prosecution

He refuses to withdraw the prosecution

"I asked my creditor to write off the debt after I had paid him my debt, including interest and costs. I had not lodged an objection. My creditor refuses to write off the debt even though I have proof of payment. What can I do?

Under Swiss law, debt collection and bankruptcy offices keep registers in which all the operations they carry out are recorded, including in particular requests for debt collection and the issuing of orders to pay. These registers are public and anyone may consult them and have extracts issued, provided that they can demonstrate a plausible interest (art. 8a Federal law on debt collection and bankruptcy). Once a payment order has been issued, it is entered in the register and remains visible for five years.

When you want to remove a debt collection action that no longer exists, the very first step is to ask your creditor to withdraw the action. In practice, this simply involves sending a counter-order to the relevant Office.

If you cannot reach an agreement with your creditor and he does not comply with this request, the procedure is more complex - and more expensive - because you will have to apply to the Court of the debt collection jurisdiction to have the debt collection cancelled (art. 85a LP). This is because the Office cannot cancel the debt on its own without the agreement of the pursuing creditor, and the debt collection proceedings must be formally cancelled by a judge on the basis of the documents in your possession. Proof of payment must establish that the debt has been extinguished in terms of capital, interest and costs.

If the action is upheld by the court, in practice the Office will not formally cancel the registration, but it will no longer be able, under Article 8a para. 3 LP, to inform third parties of the cancelled proceedings.