Insolvency Law of Switzerland - Introductory Proceedings

Introductory Proceedings

Creditors may initiate debt enforcement proceedings (Betreibungsverfahren / procédure de poursuite) by filing a debt collection request (Betreibungsbegehren / réquisition de poursuite) against the debtor with the competent cantonal debt collection office (DCO; Betreibungsamt / office des poursuites). That request does not require any proof of the validity of the creditor's claim. The DCO will then serve a summons for payment (Zahlungsbefehl / commandement de payer) on the debtor.

If the debtor contests the creditor's claim, he may lodge a verbal or written objection (Rechtsvorschlag / Opposition) with the DCO within ten days of the receipt of the summons for payment. In that event, the creditor must procure a court order dismissing the objection (Rechtsöffnung / mainlevée de l'opposition) in order to proceed with the enforcement of his claim:

• The creditor may do so by filing an ordinary lawsuit against the debtor for the payment of the sum at issue.
• If the creditor is already in possession of a valid court verdict confirming the contested debt, he may petition the cantonal court at the location of the DCO for a definitive dismissal of the objection.
• If he is in possession of a signed or notarised promise by the debtor to pay the sum at issue, he may petition the court for a provisional dismissal of the objection. The provisional dismissal becomes effective if the debtor does not initiate a lawsuit contesting the validity of the creditor's claim within twenty days.

If the debtor does not file an objection, or after the objection has been validly dismissed by the courts, the creditor may request execution proceedings to be initiated.