Unjustified debt collection in Switzerland

In Switzerland, it is possible for anyone to pursue someone without any reason. Until now, debt collection offices have provided information about debt collection to third parties. Have you been unjustly prosecuted and do not want third parties to know about it?

Since January 2019, a new regulation in the Federal Debt Collection and Bankruptcy Act (SchKG) has made it easier for a debtor to ensure that debt collection proceedings are no longer visible to third parties in the debt collection register. Debt collection offices will no longer provide third parties with information on debt collection if the debtor submits a request to this effect to the debt collection office after a period of three months has elapsed since the service of the payment order.

If the creditor has not initiated proceedings for the elimination of the preferential relief (provisional or definitive judicial opening or action for recognition) during these three months (or thereafter), the debtor may file the request.

Read more: Media release 14.09.2018

Have you been unjustly pursued and would like to make use of this new regulation? Then send the form enclosed with a copy of the payment order to zurich@s-law.com. Schwärzler Attorneys at Law in Zurich will contact you as soon as possible.

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