Debt collection
Debt collection
Getting back what you owe can sometimes be a real obstacle course: you have to start by giving the debtor formal notice to pay the sum due by a specific date, if only to set the starting point for the late payment interest, which is legally 5% per annum, a not inconsiderable rate these days. Sometimes, simply sending such a letter by recorded delivery can have the desired effect, as the addressee has to sign the notification, which means he or she can no longer feign ignorance or forgetfulness... If this approach fails to produce any results, the quickest and simplest way is to send a request for proceedings to the Debt Collection and Bankruptcy Office in the debtor's place of residence. This form is available on the internet or from the debt collection office. It must include the name and address of the debtor, the amount of the claim in Swiss francs and the reason for the obligation to pay the sum claimed (e.g. a unilateral acknowledgement of debt, a contract or an administrative or judicial decision). The debtor may lodge an objection within 10 days of being notified, usually by indicating this directly to the postman, who will mention it on the summons to pay. The first thing that the creditor must do when he receives the summons to pay back is to check whether an objection has been lodged. If this is not clear, the creditor should contact the Office for further information.When an opposition is lodged, there are three different legal means available to the creditor to have it set aside, depending on the evidence he has to prove the validity of his claims: If it is a simple acknowledgement of debt, such as a document signed by the debtor in which he undertakes to pay the sum claimed, the creditor can apply for a provisional discharge; finally, if there is no written and signed document attesting to the claim, civil or administrative proceedings must be taken. These legal actions must be taken within one year of notification of the summons to pay, at the latest, and once the opposition has been withdrawn by the courts, the claim can be pursued by seizure or bankruptcy. Generally speaking, seizure applies to natural persons, while bankruptcy is more suitable for legal entities.
