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Swiss Code on Debt
Enforcement and Bankruptcy Law
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Procedurally, Swiss
and cantonal laws apply. As to substance the
Swiss Federal Act on
International Private Law determines the
applicable law under which the debt must be established
Related publication:
Enforcement of a Money Claim in Switzerland
Frequently
asked questions
What information is needed by the Debt Execution office
for serving a payment order?
Name, first name, address, marital regime of the debtor; name,
first name, address of claimant; amount claimed, interest rate claimed, due date
of claim and interest; claim documents and date thereof, if no documents are
available, state the reasons for the claim (the above mentioned AMCHAM
publication contains a translation of the form to be filled out by the
claimant upon commencement of the debt execution proceeding).
What are the time and cost factors?
Costs depend on the complexity of the case. Fees of the Debt
Enforcement Office and the Bankruptcy Office are moderate. However, if court
proceedings become necessary, costs and time requirements may be substantial.
Do I have to take legal advice, or can I enforce the claim myself?
Taking legal advice is strongly recommended in all cases
because strict formal requirements and imperative time periods apply.
Useful links
April 2006
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