The creditor will not withdraw: what is left to you
Updated on 9 August 2026
In brief
An uncomfortable but essential starting point: withdrawing a paid entry depends on the creditor's goodwill (Art. 8a para. 3 let. c SchKG). No provision compels them, and a refusal is not in itself open to challenge. Three routes remain: non-disclosure if you had filed an objection (Art. 8a para. 3 let. d SchKG), the five-year deadline (Art. 8a para. 4 SchKG), and the court route if the debt was never owed (Art. 85a SchKG).
You paid, you asked politely, and the creditor does not reply or refuses outright. It is the most frustrating situation in Swiss debt enforcement — and the most misunderstood, because many people assume a paid creditor must withdraw.
Why they are not obliged to
Art. 8a para. 3 let. c SchKG provides that an entry stops being disclosed where the creditor requests its withdrawal — but nowhere requires them to do so. A paid creditor therefore has no obligation, and their refusal is not in itself an abuse. This is precisely why withdrawal should be negotiated BEFORE you pay, while you still hold leverage: payment in exchange for a written undertaking to withdraw.
Non-disclosure, if you filed an objection
This is the best way out, and it does not depend on the creditor. If you objected to the payment order, three months have passed since it was served, and the creditor has not brought proceedings to set your objection aside, you can ask the office to stop disclosing the entry to third parties (Art. 8a para. 3 let. d SchKG), for CHF 40. The office puts the question to the creditor, who has twenty days to respond. If they stay passive, the entry disappears from your extract — without their agreement.
Time, and the court route
Failing that, the entry stops being disclosed five years after the proceeding closes (Art. 8a para. 4 SchKG): slow, but certain and free. If the debt never existed or was already extinguished, the action under Art. 85a SchKG lets a judge annul the proceeding, with real costs and delays. Finally, keep pressing institutional creditors in writing — health insurers, telecoms operators, letting agencies: their legal departments often grant a withdrawal that the first point of contact refused.
Must a paid creditor withdraw the entry?
No. Art. 8a para. 3 let. c SchKG makes withdrawal possible, never mandatory. That is why it should be agreed in writing before you pay.
Can the entry disappear without their agreement?
Yes, in two cases: through non-disclosure if you had objected and the creditor stayed inactive for three months (Art. 8a para. 3 let. d SchKG), or through the five-year deadline (Art. 8a para. 4 SchKG).
Can I take action over the refusal?
No, the refusal alone is not unlawful. Court action is only conceivable if the proceeding was unjustified from the outset (Art. 85a SchKG).