Art. 85 / 85a SchKG (court action)
Challenging an unjustified debt-enforcement proceeding
Updated on 7 July 2026
In brief
Where the creditor refuses to withdraw a debt-enforcement proceeding you consider paid or non-existent, annulment goes through the court. Art. 85 and 85a SchKG let you have a judge find that the debt has been extinguished or does not exist. This route is more technical: being assisted by a lawyer is strongly recommended.
Where the creditor refuses to withdraw a debt-enforcement proceeding that you consider paid or non-existent, or where they have wrongly prevailed, annulment goes through the court. This route is more demanding: being assisted by a lawyer is strongly recommended.
When to go to court
This route opens up where an amicable withdrawal has failed or where the creditor has prevailed, while you consider the debt paid or non-existent. It seeks to have a judge find that the debt-enforcement proceeding has no basis.
The available actions
Art. 85 SchKG allows you to obtain the annulment or suspension of the debt-enforcement proceeding where you can prove by documentary evidence that the debt has been extinguished or does not exist. Art. 85a SchKG opens an action for a declaration that the debt does not exist, examined on the merits.
Why a lawyer
Court proceedings are governed by rules of form and strict deadlines. A lawyer assesses your prospects, chooses the right action and argues your case. SwissReset does not litigate: we point you to the official lawyer directory and tell you which documents to gather for your case.
- 1Gather the evidence: proof of payment, correspondence, contract.
- 2Prepare a clear summary of your case.
- 3Consult a specialist lawyer to choose the appropriate action.
- 4File the action within the deadlines before the competent court.
Can I do it on my own?
It is possible, but the procedure is technical: being assisted by a lawyer is strongly recommended.
Does SwissReset litigate for me?
No. SwissReset points you in the right direction: the official Swiss Bar Association directory helps you find a lawyer by canton, and this guide lists the documents to prepare.