Legal proceedings are initiated against you when you receive a summons to pay from the debt-collection office. The summons will be sent to you without any need for the office to justify or even verify the existence or veracity of the debt you owe. Debt Enforcement Office does this for you, as he will have received a requisition from your creditor.
This is the act that initiates legal proceedings against you. This is when you have not paid the bill you owe the creditor. You will then have 20 days from the date of notification to pay the amount of the debt. The question then arises as to what happens if you fail to do so. You'll find the answers in the following sections.
Debtor's failure to pay
If you, the debtor, fail to pay the amount of the claim within the prescribed time limit, the creditor who has initiated the proceedings will request that the claim be continued. Otherwise, the creditor who initiated the proceedings will ask for the debt to be continued. There are two ways of doing this: seizure or bankruptcy if you are a debtor entered in the commercial register.
It may also be that you, as the debtor, have not only avoided payment of your debt, but that you have also objected to the proceedings in the meantime. You have 10 days in which to do so. This is from the date of notification of the summons to pay.
As a result, the lawsuit will be temporarily suspended. However, an unfounded opposition will result in you incurring additional costs.
In formal terms, an objection is made when the summons is handed over by the notifying agent. He will then indicate your decision on the deed itself, or by post to your local debt enforcement office.
You don't have to give reasons for objecting to a lawsuit, except if you're contesting only a fraction of your debt. Or if your assets have not improved after bankruptcy.
Seizure and bankruptcy following non-payment of the claim
Apart from the case of an opposition, your creditor will ask the debt-collection office to continue the proceedings as soon as the 20 days have elapsed.
If you have registered in the Commercial Register, you will receive a bankruptcy notice. In the event of non-payment of the debt, the continuation will be materialized by the receipt of a seizure notice. This will be sent by the Debt Collection Office. This document will specify the date and time of the seizure.
You will need to be present at this time if you do not wish to be represented. You'll need to indicate which assets belong to you, even those in other locations or in the hands of other holders.
You can still pay your debt before a seizure becomes effective. You will need to notify the debt-collection office accordingly in order to avoid the costs of enforcing the seizure.
Finally, it should be noted that even if your debt is paid, it will remain in the debt collection register for a further 5 years. You can always request an extract from this register from your canton.
So it's a good idea to have your register analyzed and cleaned by competent professionals. That way, you won't be hindered in your day-to-day activities.
If you would like to take advantage of the best financing conditions in Switzerland, please contact Lica.