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The enforcement of a money claim in Switzerland is governed
by the Federal Act on the Enforcement of Claims and Bankruptcy. The following is
an outline of its main features:
Principal Stages:
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A so-called payment
order is served upon the debtor by the Debt Enforcement Office, a governmental
agency. The debtor may oppose the claim by filing a formal notice of
opposition within a certain time period.
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Depending on
debtor's reaction, there are various alternatives: the debtor fails to oppose
the payment order in time: the payment order then becomes enforceable like a
court judgment; the payment order is duly opposed in time: the creditor must
file a lawsuit to establish his claim, either in form of a summary court
proceeding (certain prerequisites apply) or in form of an ordinary court case.
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Once the creditor
is in possession of a judgment or enforceable payment order, he may request
continuation of the debt enforcement proceeding: by having the Debt
Enforcement Office take a pledge on the Debtors' personal assets and
liquidating the same; by having the Debt Enforcement Office sell preexisting
pledges or mortgages; or, if the debtor is registered as a business in the
Commercial Register, by requesting the Bankruptcy Court to open bankruptcy
proceedings carried out by the Bankruptcy Office.
Special Cases:
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Under certain
circumstances, a debtor may file a request for protection against creditors to
stop debt enforcement proceedings.
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Particularly in
international cases, a payment order may be preceded or accompanied by an
attachment procedure where personal property of a Swiss or foreign debtor in
Switzerland,
including Swiss bank accounts, may be frozen by a judge. This again requires a
court decision issued, however, in case of urgency, within very short time.
Applicable law
Frequently asked questions
Useful links
This site has been prepared by
Dr. Bernhard F. Meyer-Hauser
and Dr. Sibylle Wirth-Zubler
Meyer Müller Eckert Partners
Kreuzstrasse 42
8008 Zurich
Switzerland
Tel. +41 1 254 99 66
Fax +41 1 254 99 60
E-mail: meyer-hauser@mme-law.ch
or: wirth_zubler@mme-law.ch
www.mme-law.ch
Related publication:
Enforcement of a Money Claim in Switzerland April 2006
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