Expertise

Unjustified debt collection in Switzerland

Have you been unjustly operated and do not want third parties to know about it?

In Switzerland, it is possible for anyone to pursue anyone without any reason. Until now, debt collection offices have provided information about debt collection to third parties.

From January 2019, a new regulation in the Federal Debt Collection and Bankruptcy Act (SchKG) will make it easier for a debtor to ensure that debt collection proceedings in the debt collection register are no longer visible to third parties. Debt collection offices will no longer provide information on debt collection to third parties 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 during these three months (or at any time thereafter) the creditor has not initiated proceedings for the elimination of the advance payment (provisional or definitive judicial opening or action for recognition), the debtor may submit the request.

Corresponding media release dated 14.09.2018

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

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