Debt collection

Your debtors - debt collection

Take action to recover unpaid bills. Issue formal notices or summonses, dismiss oppositions to debt payments or engage receiver proceedings, intervene in seizure or bankruptcy proceedings. Our lawyers assist you with your debt collection.

Debt collection

Frequently asked questions

See the most frequently asked questions and find the solution to your problem.

01
How to collect an unpaid bill?
When a debtor refuses to pay an invoice, it is usually necessary to take legal action by engaging a debt collection procedure. The debtor will be served with a summons to pay, to which he or she can lodge an opposition, as it frequently happens in practice. The opposition must then be dismissed by a judicial authority.
+
02
How to engage a debt collection procedure against a debtor?
A debt collection requisition is made to the debt collection office at the debtor's place of residence, or at the debtor's registered office if the debtor is a company registerd with the Trade Register. The requisition must be made on an official form and include the essential elements (names and addresses of the creditor and debtor, amount of the claim and cause of the obligation).
+
03
How to find the competent debt collection office?
Which office is competent depends on the canton in which the debtor's domicile or registered office is located. In Geneva, for example, a single debt collection office is responsible for the entire canton, while the cantons of Vaud and Valais each have several debt collection offices. It is therefore necessary to refer to the organization of the debtor's canton.
+
04
What to do when a debtor objects to a summons to pay?
When a debtor opposes a summons to pay, it is necessary to have the opposition dismissed, either by a procedure of release, or by an action for acknowledgement of debt. In both cases, it is necessary to contact a judicial authority. The type of action to be taken depends on the documents that give rise to the debt.
+
05
What to do when the opposition to a summons to pay is dismissed?
If no opposition has been lodged, or if the opposition has been dismissed, the proceedings can continue. To do this, it is necessary to request the continuation of proceedings from the office in charge. The request is made on an official form. In principle, it must be requested no later than one year after the debtor has been notified of the payment order. If this is not done, the proceedings will expire and new proceedings will have to be initiated.
+
06
How does a debt collection procedure end?
Once a request for continuation of proceedings has been filed with the relevant office, the next step in the procedure depends on the type of debtor. If the debtor is a individual, the office seizes the debtor's assets in order to pay the creditor. If the debtor is a company registered in the Trade Register, the office sends a bankruptcy petition, which will eventually enable the creditor to petition for the company's bankruptcy.
+
07
What to do when a debtor goes bankrupt?
When a bankruptcy is declared, liquidation proceedings are opened with the competent bankruptcy office. The bankruptcy office inventories the debtor's assets and, by means of an official publication, calls on creditors to submit their claims in the bankruptcy. When a debtor goes bankrupt, a creditor must register with the bankruptcy office, indicating the amount and cause of his claim. Deadlines are sometimes quite tight. It is therefore essential to act quickly.
+
08
What is the receivership procedure and when does it apply?
Receivership is a procedure that enables a creditor to freeze his debtor's assets in order to prevent them being sold to others, and ultimately to enable him to be reimbursed. Receivership is possible in very specific circumstances, in particular when a debtor seeks to evade his obligations, when he is domiciled outside Switzerland, or when his domicile in Switzerland cannot be determined. When accepted, receivership is extremely rapid and effective.
+
09
How to proceed with a debtor's receivership?
To obtain a receivership order, it is necessary to file an application with a judicial authority. The competent authority is that of the location of the object to be seized. If receivership is granted, validation measures are required, usually within a very short timeframe. It is therefore important to act quickly once a receivership has been obtained.
+