An entry you do not recognise: what to do
Updated on 5 August 2026
In brief
The most disconcerting feature of the Swiss system is that initiating enforcement requires no evidence at all: the office registers the request without checking whether the debt exists (Art. 67 SchKG). Anyone can therefore have you pursued — by mistake, through mistaken identity, or maliciously. Your first move must be to file an objection: free, within ten days, and with no need to justify it (Art. 74 SchKG). That halts the proceeding, but the entry stays visible: it is non-disclosure or a court decision that will then clean up your extract.
Receiving a payment order for an unknown debt almost always triggers the same reflex: call the creditor and explain. That is precisely what not to do first, because the ten-day clock is running while you do.
Why this was possible with no evidence at all
To initiate enforcement it is enough to fill in a request, name a debtor and an amount, and advance the fees. The debt enforcement office does not check whether the claim exists (Art. 67 SchKG): that is not its role. Scrutiny comes afterwards, and only if you trigger it. It is a deliberate efficiency choice in the system, but it has a direct consequence: an unfounded entry lands on your register just as easily as a well-founded one.
Object first, discuss afterwards
An objection is free, is filed within ten days of service, orally at the counter or in writing, and needs no reasons (Art. 74 SchKG). It immediately suspends the proceeding and forces the creditor to go to court. File it before any discussion: you can always withdraw it if the explanation convinces you, whereas an expired deadline cannot be recovered. Keep proof of filing — the note on the back of the payment order, or the acknowledgment of receipt.
Mistaken identity and identity theft
Shared names and old addresses account for a significant share of these cases. Report it in writing to the office and the creditor, with whatever establishes the confusion. If it is genuine identity theft — a subscription or a loan opened in your name — file a criminal complaint: the criminal file will become your principal evidence, and the company involved generally treats the dispute far more seriously once a complaint has been filed.
Removing the trace
This is the step many people miss: your objection halts the proceeding, but the entry stays visible to third parties. Two routes exist. If the creditor has taken no action for three months, ask the office for non-disclosure (Art. 8a para. 3 let. d SchKG), for a fee of CHF 40. If a court has found that the debt does not exist or that the proceeding was abusive, the entry stops being disclosed on that basis (Art. 8a para. 3 SchKG). Do not settle for a phantom entry on your extract on the grounds that it went nowhere: it looks exactly like all the others.
Do I have to prove I owe nothing in order to object?
No. An objection needs no reasons (Art. 74 SchKG): it is enough to file it within ten days. It is then for the creditor to go to court and establish the claim.
Does the entry disappear if the creditor gives up?
No, it stays on the register and visible to third parties. After three months with no step by the creditor, ask the office for non-disclosure (Art. 8a para. 3 let. d SchKG), for a CHF 40 fee.
What if someone used my identity?
File an objection within ten days, report the situation in writing to the creditor and the office, and file a criminal complaint. The criminal file will serve as evidence to have the claim annulled and your extract cleaned up.