Obtain advice on abusive procedures

Swiss debt collection legislation allows debt collection requisitions to be made without having to justify their validity. It is therefore possible to initiate proceedings even for an amount that is not due. This can lead to unjustified debt collection procedures that appear on the debt statements, and can even result in seizure or bankruptcy if the necessary measures are not taken in time. Fortunately, there are a number of ways to protect yourself against unjustified debt collection procedures.

First and foremost, you must lodge an objection to any debt collection procedure you consider to be unjustified. This can be done verbally at the time of notification of the summons to pay, or in writing within 10 days of notification. It is then possible to hide a debt collection procedure so that it does not appear in the excerpts, from 3 months after notification of a summons to pay, if the creditor does not initiate proceedings for the dismissal of the objection. This can be done by applying to the debt collection office. In certain special cases, unjustified debt collection may constitute a criminal offence. In such cases, it is possible to lodge a criminal complaint against the creditor with the judicial authorities.

Legalify offers assistance in case of abusive debt collection procedure. Contact our lawyers for more information.