Glossary of Swiss debt enforcement

Debt enforcement (Betreibung / poursuite)

A debt enforcement proceeding is the official Swiss procedure by which a creditor claims payment of a money debt with the help of the State. It is recorded in the debt enforcement register and disclosed to third parties for 5 years after the proceeding closes.

Federal Act on Debt Enforcement and Bankruptcy (DEBA/SchKG, SR 281.1)

Payment order (Zahlungsbefehl)

The payment order is the official document, served by the debt enforcement office, requiring you to pay a debt claimed by a creditor. You have 10 days from service to file an objection, free of charge and without giving reasons.

Art. 69 and 74 DEBA/SchKG

Objection (Rechtsvorschlag)

An objection is the declaration by which you dispute a debt enforcement proceeding. It is made within 10 days of service of the payment order, free of charge and without having to give any reason. It immediately suspends the proceeding.

Art. 74 and 78 DEBA/SchKG

Setting aside the objection (Rechtsöffnung)

Setting aside the objection is the court decision that removes your objection and allows the creditor to continue the proceeding. It is definitive when based on a judgment, and provisional when based on a signed acknowledgment of debt.

Art. 80 to 84 DEBA/SchKG

Debt enforcement office (Betreibungsamt)

The debt enforcement office is the cantonal authority that runs the procedure: it serves payment orders, carries out attachments, keeps the debt enforcement register and issues extracts.

Art. 2 and 8a DEBA/SchKG

Debt enforcement register extract

The register extract is the official document listing debt enforcement proceedings against you. It costs CHF 17 and shows proceedings from the last five years, including those already paid.

Art. 8a DEBA/SchKG; art. 12a OELP

Certificate of loss (Verlustschein)

A certificate of loss is issued when attachment failed to cover the debt. The claim it records lapses after twenty years and bears no interest against the debtor.

Art. 149 and 149a DEBA/SchKG

Non-disclosure (Nichtbekanntgabe)

Non-disclosure is the decision by which the office stops communicating an entry to third parties. It requires that you filed an objection, that three months have passed, and that the creditor did not go to court. The fee is CHF 40.

Art. 8a para. 3 let. d DEBA/SchKG; art. 12b OELP

Withdrawal by the creditor

Withdrawal is the creditor's declaration to the office that they drop the proceeding. A withdrawn proceeding stops being disclosed to third parties. It costs the creditor nothing and is done by a simple letter.

Art. 8a para. 3 let. c DEBA/SchKG

Attachment (Pfändung)

Attachment is the enforcement stage in which the office determines which assets or share of income can be used to satisfy the creditor. It only happens after an undisputed proceeding or once an objection has been set aside.

Art. 89 ff. DEBA/SchKG

Subsistence minimum (Existenzminimum)

The subsistence minimum is the share of income considered essential to support the debtor and their family. It cannot be attached: only what exceeds that threshold may be taken for the creditor.

Art. 93 DEBA/SchKG

Bankruptcy warning (Konkursandrohung)

A bankruptcy warning is the official notice that the creditor may request the opening of bankruptcy. It concerns persons and companies entered in the commercial register, not ordinary private individuals.

Art. 159 ff. DEBA/SchKG