The certificate of loss, explained simply
Updated on 11 July 2026
In brief
A certificate of loss (acte de défaut de biens / Verlustschein) is issued when a debt-enforcement proceeding has not covered the whole debt (Art. 149 SchKG after a seizure, Art. 265 SchKG after bankruptcy). The resulting debt is subject to a 20-year limitation period (Art. 149a SchKG) and no longer bears interest. The certificate of loss does not legally block you, but it signals insolvency to third parties who obtain a register extract. It is extinguished by payment: on payment, the creditor returns it to you and the entry can be deleted.
The certificate of loss is frightening, often more than it needs to be. Here is what it really is, what it allows the creditor to do, how long it follows you, and how to free yourself from it.
What is a certificate of loss?
It is a document that the office issues to the creditor when a debt-enforcement proceeding has not allowed them to be paid in full. After a seizure (saisie), it is called a definitive certificate of loss (Art. 149 SchKG): it counts as an acknowledgment of debt. A provisional certificate of loss may be drawn up earlier, at the seizure stage, when the known assets are manifestly insufficient (Art. 115 SchKG). After bankruptcy (faillite), creditors who have not been paid receive a certificate of loss for the unpaid balance (Art. 265 SchKG).
What it allows the creditor to do
A certificate of loss issued after a seizure counts as an acknowledgment of debt: it allows the creditor to obtain the provisional clearing of the objection (mainlevée provisoire) more easily in a future proceeding (Art. 82 SchKG). For a first certificate, the creditor can request a fresh seizure within six months without a new payment order (Art. 149 para. 3 SchKG); beyond that, or for a second certificate, a new payment order is required. After bankruptcy, a new proceeding presupposes that you have "returned to better financial means" (Art. 265 SchKG), which you can contest.
How long it follows you
The debt recorded by a certificate of loss is subject to a 20-year limitation period from its issue (Art. 149a para. 1 SchKG) — only one year with respect to the heirs. It does not bear interest. As regards the register: an ordinary debt-enforcement proceeding is no longer disclosed to third parties after five years (Art. 8a para. 4 SchKG), but the certificate of loss appears in a specific register kept by the office and can be disclosed, to anyone who makes an interest credible, well beyond that period.
How to free yourself from it
The simplest means is payment. On payment, the creditor must return the certificate of loss to you (Art. 149a para. 3 SchKG) and the entry can be deleted. In practice, many debtors negotiate a "buy-back": a single payment, often lower than the total amount, in exchange for the return of the certificate. It is a private negotiation, not a right, but it is a frequent outcome.
Does a certificate of loss prevent me from renting or working?
No, it creates no legal prohibition. But it signals past insolvency to landlords, lenders or employers who consult your situation, which can complicate certain steps.
When does it become time-barred?
The debt is subject to a 20-year limitation period from the issue of the certificate (Art. 149a SchKG), and bears no interest.
Can I make it disappear?
By paying it: on payment, the creditor returns the certificate to you and the entry can be deleted. A negotiated buy-back (a reduced amount in exchange for the return) is also a common practice.