M^e Jean-Philippe Anthonioz

When a debt remains unpaid, the creditor cannot take justice into their own hands: they must go through an official procedure conducted by the Debt Enforcement Office. This procedure always follows the same steps — payment order, possible objection, dismissal of objection by the judge, continuation of the debt enforcement, then attachment (for individuals) or bankruptcy (for companies). Time limits are short: some do not exceed 10 days.

When a debt is not paid (rent, invoice, salary, loan, maintenance payment, etc.), the creditor cannot take justice into their own hands. They must go through an official procedure, called debt enforcement, conducted by the Debt Enforcement Office. This is a cantonal authority, which has public force at its disposal to recover unpaid claims.

The procedure always follows the same logic:

1. The creditor asks the Office to serve a payment order on the debtor.
2. The debtor has 10 days to dispute (file an objection) or 20 days to pay.
3. If everything is clear (or if the creditor succeeds before the judge), the debt enforcement continues with an attachment of the debtor's income or assets.
4. If the attachment is not sufficient, the creditor receives a certificate of shortfall, which will allow them to restart the debt enforcement later.

For companies (and persons entered in the Commercial Register), the procedure leads not to an attachment but to a bankruptcy, which is the collective realisation of all the debtor's assets.

If you have questions about the recovery of a debt or claim, whether as creditor or debtor, you can make an appointment by telephone or   online booking .

Debt enforcement unfolds in several key phases: formal demand for payment, service of a payment order, the debtor's option to file an objection (within 10 days), dismissal of the objection by the judge if necessary, request to continue, and finally attachment or bankruptcy. At each step, strict time limits must be observed, failing which the creditor's rights may be lost.

A. The formal demand for payment

Before any debt enforcement, the creditor should in principle formally demand payment from the debtor: remind them in writing (ideally by registered letter) that they must pay, and set a final deadline. This is not an absolute obligation, but it is strongly recommended: it can avoid initiating costly proceedings when a simple reminder would have sufficed.

B. The payment order

If the formal demand remains without effect, the creditor can apply to the competent Debt Enforcement Office (that of the debtor's domicile, or of the registered seat for a company) by means of a request for debt enforcement. After payment of an advance on costs, the Office serves a payment order on the debtor.

The payment order is not a court decision: the Office does not verify whether the debt actually exists. It simply orders the debtor to pay within 20 days, or to file an objection within 10 days if they dispute the claim.

C. Objection and dismissal of objection

A debtor who disputes the claim can file an objection within 10 days. It is very simple: it is enough to declare it orally to the serving officer at the time of service, or by letter to the Office. No reasoning is required.

The objection blocks the debt enforcement. To unblock it, the creditor must apply to the civil judge in order to obtain the dismissal of the objection:

• Definitive dismissal of objection: granted swiftly if the creditor holds a final judgment or administrative decision (e.g. a tax assessment decision).
• Provisional dismissal of objection: granted if the creditor produces an acknowledgement of debt signed by the debtor (e.g. a signed contract). The debtor then has 20 days to bring an action for release from debt before the court.

If the creditor has no title at all, they will have to bring an ordinary civil action for payment before the court. This takes longer (often one to three years) and in principle requires the assistance of a lawyer.

D. Continuation of the debt enforcement

Once the objection has been set aside (or in the absence of an objection), the creditor must still ask the Office to continue the debt enforcement, at the earliest 20 days after service of the payment order. This second request triggers the enforcement phase: attachment or bankruptcy.

E. Attachment and certificate of shortfall

For individuals, the Office proceeds with the attachment of the debtor's income (salary, pension) and/or assets. Only the share that exceeds the subsistence minimum can be attached. Items strictly necessary for everyday life (clothing, basic furniture) cannot be touched.

If the attachment does not cover the full claim, the Office issues the creditor a certificate of shortfall. This document certifies that the debt remains and allows the creditor to restart debt enforcement later (see chapter 4).

If you have questions about the recovery of a debt or claim, whether as creditor or debtor, you can make an appointment by telephone or   online booking .

Debt enforcement is not free. The costs — Office fees and, where applicable, court costs for the dismissal of objection — must be advanced by the creditor, then recovered from the first sums collected. If the debtor is insolvent, these costs remain the creditor's burden: it is therefore advisable to assess the debtor's solvency before starting the procedure.

Debt enforcement is not free. The fees are set by the Fee Ordinance to the Debt Enforcement and Bankruptcy Act (OELP) and depend on the amount of the claim and the nature of the act (payment order, attachment, etc.).

Who pays? It is the creditor who has to advance the costs to the Office, failing which the procedure does not start. But in principle, these costs are then borne by the debtor: they are deducted from the first payment. If the debtor is insolvent, the creditor loses the advance.

Schedule of advances for the main acts

In practice, the Office also charges various ancillary fees (failed service attempts, travel, etc.), so the amount actually requested often exceeds the schedule by a few francs. An estimate is published on the e-service SchKG portal.

Costs of dismissal of objection

If the debtor files an objection, the creditor will have to apply to the civil judge to obtain the dismissal of the objection. In Geneva, court costs for such proceedings depend on the value in dispute, but generally range between CHF 200 and 1,000 for ordinary claims. Lawyers' fees may be added where applicable.

Should you always enforce a debt?

Before starting debt enforcement, it is useful to assess the solvency of the debtor. Starting proceedings against an insolvent person often leads to losing the advance on costs without recovering the claim. A lawyer can help you make this assessment and choose the most effective strategy.

If you have questions about the recovery of a debt or claim, whether as creditor or debtor, you can make an appointment by telephone or   online booking .

The enforcement phase takes three forms: attachment (for individuals, only on income and assets exceeding the subsistence minimum), bankruptcy (for companies and registered business persons, a collective realisation of all assets), and precautionary seizure (an urgent blocking measure, even before debt enforcement has been started).

A. Attachment (for individuals)

Attachment is the procedure applicable to individuals (natural persons not entered in the Commercial Register). The Debt Enforcement Office attaches income (the share exceeding the subsistence minimum) and, if necessary, the debtor's assets (non-essential vehicle, bank accounts, jewellery, etc.). The assets are then sold at auction.

The subsistence minimum protects the debtor: the Office must leave them enough to live on and support their family. It comprises a monthly base (about CHF 1,200 for a single person, CHF 1,700 for a couple), plus rent, health insurance premiums (LAMal), professional costs and maintenance payments. Current taxes, by contrast, are not included.

Only the share of income that exceeds the subsistence minimum can be attached.

B. Bankruptcy (for companies)

Bankruptcy applies to legal entities (SA, Sàrl, associations registered in the Commercial Register) and to natural persons registered as business persons. Instead of an individual attachment, all the debtor's assets are realised collectively to satisfy all the creditors, according to a statutory order of priority (privileged claims first, then the others).

Bankruptcy usually leads to the dissolution of the company. For individual business persons, it can entail the loss of most of their assets, but allows them to start afresh (protection against new debt enforcement, subject to return to better financial circumstances).

C. Precautionary seizure (urgent measure)

Precautionary seizure is a protective measure enabling the debtor's assets to be blocked quickly, even before debt enforcement is started. It is ordered by a judge, in cases strictly listed by law:

• The debtor has no fixed domicile or is preparing to flee;
• The debtor lives abroad (with a sufficient connection to Switzerland);
• The creditor already holds a title for definitive dismissal of objection or a certificate of shortfall.

Once the assets are seized, the creditor has 10 days to validate the measure by initiating debt enforcement. Otherwise, the precautionary seizure lapses.

D. The certificate of shortfall

Whether in attachment or bankruptcy, if the realisation of the assets does not cover the full claim, the creditor receives a certificate of shortfall for the unpaid balance.

This certificate produces several significant effects:

• The claim is subject to a 20-year statute of limitations (instead of the usual 10 years);
• It no longer bears interest;
• The creditor may restart debt enforcement within 6 months without having to serve a new payment order;
• In bankruptcy, the debtor can only be pursued again upon return to better financial circumstances (their new assets remain protected so long as they remain limited).

If you have questions about the recovery of a debt or claim, whether as creditor or debtor, you can make an appointment by telephone or   online booking .