Does my partner have a right of action?

Does my partner have a right of action?

"I'm not married, but I've been living in the same flat with my girlfriend for several years. Can she oppose a payment order sent to me while I'm away?

Daniel, Geneva

On receipt of a debt collection requisition, the competent Office must send the alleged debtor a summons to pay in accordance with article 69 of the Federal Debt Collection and Bankruptcy Act (LP). As with all procedural documents, the date of receipt of the summons to pay is legally very important, as it is the date of notification. Most deadlines start to run from the date of notification, including the ten-day deadline for the debtor to lodge an objection.

An opposition is a declaration sent to the relevant debt-collection office, by which the debtor declares his intention to stop the proceedings without recognising the claim. The opposition may be total or partial if only part of the claim is contested.

A debtor who wishes to lodge an objection to a summons to pay is not required to use a specific form. The statement of opposition may be made in writing or orally and may even be made by telephone if the debt collection office has no reason to doubt the identity of the caller. However, for reasons of proof, a debtor who is being prosecuted and has been warned should preferably make the objection in writing.

Any person directly affected by the debt, i.e. the debtor or co-debtor, as well as any person to whom an order to pay is validly served, and his or her legal or contractual representative, are entitled to lodge an objection. It is accepted that any person entitled to receive the payment order by virtue of the law, for example an adult member of the household or an employee (art. 64 LP) may, by virtue of the rules on business management without a mandate, declare the opposition, subject to subsequent ratification by the person concerned. This ratification only takes place internally, between the persons concerned, and does not need to be communicated to the Debt Enforcement Office.

This means that your partner, in the same way as a spouse, is perfectly capable of receiving a summons to pay, but can also oppose it on your behalf.