To collect an unpaid claim in Switzerland you need neither a lawyer nor a court: the first step is a debt enforcement request (Betreibungsbegehren) filed with the competent debt enforcement office. The procedure is governed by the Federal Act on Debt Enforcement and Bankruptcy (DEBA, German: SchKG) and follows the same rules in every canton. This guide shows step by step how to start debt enforcement, which deadlines apply, what the debt enforcement office charges and what happens if the debtor files an objection.
Key facts
- Any creditor – company or private individual – may start debt enforcement as soon as the claim is due. A prior reminder is not a legal requirement.
- The debt enforcement request goes to the debt enforcement office at the debtor’s domicile or registered seat (Art. 46 DEBA).
- The office does not examine the merits of the claim; it serves a payment summons on the debtor.
- The debtor has 20 days to pay and 10 days to file an objection.
- The official fee for the payment summons is CHF 7 to 400 depending on the amount claimed (Art. 16 of the DEBA Fee Ordinance); the creditor advances it, the debtor ultimately bears it.
When can I start debt enforcement?
Debt enforcement only requires that you assert a monetary claim that is due. You do not have to prove the claim when filing – the debt enforcement office examines neither contract nor invoice. This is why debt enforcement in Switzerland is a low-threshold way to apply pressure.
Typical claims: unpaid invoices for goods and services, rent, loans, fees or contractual damages. Private individuals can also start enforcement, for example against a tenant in arrears or an acquaintance who does not repay a loan.
In practice, a final reminder with a short deadline is advisable before enforcement: many debtors pay as soon as they see enforcement threatened in writing – and avoid the entry in the debt enforcement register. Legally, however, no reminder is required to start enforcement.
How debt enforcement works – six steps and their deadlines
1. File the debt enforcement request
You file the request with the competent debt enforcement office (Art. 67 DEBA). It states the creditor’s name and address, the debtor’s name and address, the amount claimed in Swiss francs, the interest rate and start date, and the basis of the claim (e.g. “invoice no. 4711 of 3 March 2026”) or the document evidencing it.
Requests can be filed in writing, orally at the counter or electronically. With Hoop you file the debt enforcement request online: you enter creditor, debtor and claim, sign with a qualified electronic signature, and Hoop identifies the competent office and transmits the request via eSchKG – anywhere in Switzerland.
2. Payment summons (20 days to pay, 10 days to object)
The debt enforcement office issues the payment summons (Zahlungsbefehl) and serves it on the debtor (Art. 69 DEBA). The debtor is ordered to pay the claim plus costs within 20 days. To contest the claim, the debtor must file an objection (Rechtsvorschlag) within 10 days of service (Art. 74 DEBA) – orally or in writing at the office, without giving reasons.
As the creditor you receive a copy of the payment summons noting whether an objection was filed.
3. The debtor pays
If the debtor pays the debt enforcement office or you directly, the procedure is over. If payment is made directly to you, notify the office so the enforcement is closed as paid.
4. The debtor files an objection
An objection provisionally halts the enforcement. You can continue only once the objection has been set aside – see the section “Setting aside the objection”.
5. Request to continue (no earlier than 20 days, no later than one year)
If the debtor neither pays nor objects – or the objection has been set aside – you file the request to continue enforcement (Art. 88 DEBA): no earlier than 20 days after service of the payment summons and no later than one year after; otherwise the right to continue lapses and you would have to start again. If court proceedings to set aside the objection are pending, this one-year period is suspended.
6. Seizure or bankruptcy
What happens next depends on the debtor (Art. 38 ff. DEBA):
- Enforcement by seizure – for private individuals and all debtors not entered in the commercial register: the office seizes assets or wages and realises them. If the proceeds are insufficient, you receive a certificate of loss (Verlustschein, Art. 149 DEBA), which allows you to enforce the claim again for 20 years.
- Enforcement by bankruptcy – for debtors entered in the commercial register, i.e. AG, GmbH, cooperatives and registered sole proprietorships (Art. 39 DEBA): after the bankruptcy warning you can petition the court to open bankruptcy proceedings.
Enforcement holidays and suspension: no enforcement acts may be carried out seven days before and after Easter and Christmas or from 15 to 31 July (Art. 56 DEBA); running deadlines are extended accordingly (Art. 63 DEBA). Bear this in mind if you start enforcement just before Christmas or in July.
Which debt enforcement office is competent?
The place of enforcement is the debtor’s domicile; for companies, the seat entered in the commercial register (Art. 46 DEBA). Special rules apply in some cases – enforcement at the location of a branch or against debtors without a fixed domicile (Art. 47–52 DEBA). A request filed with the wrong office is rejected and costs time. Hoop identifies the competent office automatically from the debtor’s address; the full directory is maintained by the cantons.
What does debt enforcement cost?
The debt enforcement office’s fees are set uniformly for all of Switzerland in the Fee Ordinance to the DEBA (GebV SchKG). For the payment summons the fee depends on the amount claimed (Art. 16 Fee Ordinance):
| Claim | Fee for payment summons |
|---|---|
| up to CHF 100 | CHF 7 |
| over CHF 100 up to 500 | CHF 20 |
| over CHF 500 up to 1,000 | CHF 40 |
| over CHF 1,000 up to 10,000 | CHF 60 |
| over CHF 10,000 up to 100,000 | CHF 90 |
| over CHF 100,000 up to 1,000,000 | CHF 190 |
| over CHF 1,000,000 | CHF 400 |
Service costs are added. As the creditor you must advance the fees (Art. 68 DEBA); they are added to the enforced claim so that the debtor ultimately bears them. Further fees arise only on continuation (seizure, realisation, bankruptcy warning).
If you file through Hoop, you pay a fixed case price per debt enforcement request in addition to the official fee; details are on the debt enforcement pricing page.
Setting aside the objection: summary proceedings or court action
If the debtor objects, you as the creditor must act. Three routes are available (Art. 79–84 DEBA):
- Definitive setting aside (definitive Rechtsöffnung, Art. 80 DEBA): you already hold an enforceable court judgment or an equivalent decision – for example a final tax assessment. The court sets the objection aside in summary proceedings.
- Provisional setting aside (provisorische Rechtsöffnung, Art. 82 DEBA): you hold a written acknowledgement of debt signed by the debtor – for example a signed contract with a clear payment obligation or a loan agreement. The debtor may then bring an action to annul the debt within 20 days (Art. 83 DEBA).
- Action for recognition of debt (Art. 79 DEBA): without a judgment or acknowledgement of debt you must sue for the claim in ordinary civil proceedings; with the judgment you continue the enforcement.
A mere invoice is generally not sufficient to have an objection set aside. Businesses with regular receivables therefore protect themselves with signed contracts or order confirmations.
Does the enforcement appear in the debt enforcement register?
Yes. Every enforcement is recorded in the office’s register and remains visible for five years in the debt enforcement register extract to third parties who show a legitimate interest (Art. 8a DEBA). It is no longer disclosed if the creditor withdraws the enforcement, if it was annulled by court decision, or if the debtor, after objecting, proves three months later that the creditor has not started proceedings to set the objection aside (Art. 8a para. 3 DEBA). For debtors, this visibility is often the strongest incentive to pay.
Common mistakes when starting debt enforcement
- Wrong debt enforcement office – the debtor’s domicile or seat is decisive, not yours.
- Imprecise debtor details – for companies the exact name as in the commercial register including the legal form; for individuals the full name and current address.
- Vague basis of claim – “various invoices” is not enough; state invoice number, date and amount.
- Claim in foreign currency – the enforced claim must be stated in Swiss francs (Art. 67 DEBA); convert at the rate on the day of filing.
- Missed one-year deadline – without a request to continue within one year of service of the payment summons, the enforcement lapses.
- Ignored objection – without setting-aside proceedings or a court action, the enforcement stays blocked.
Filing debt enforcement digitally
Debt enforcement requests can now be handled entirely online. With Hoop you enter the details in a guided form, sign with a qualified electronic signature and transmit the request via eSchKG directly to the competent debt enforcement office – for a single case as much as for law firms and companies with many receivables. You track the status in the application. The page File a debt enforcement request online shows how it works step by step.
Frequently asked questions about debt enforcement
What is debt enforcement (Betreibung)?
Debt enforcement is Switzerland’s state procedure for compulsorily collecting monetary claims. It starts with the creditor’s debt enforcement request and leads, via the payment summons, to seizure of the debtor’s assets or to bankruptcy. It is governed by the Federal Act on Debt Enforcement and Bankruptcy (DEBA/SchKG).
Can I start debt enforcement as a private individual?
Yes. Any person or company with a monetary claim that is due can start enforcement – without a lawyer and without a court judgment.
How long does debt enforcement take?
The payment summons is issued after the request is received and served on the debtor; the 20-day payment period and the 10-day objection period then run. If the debtor does not react, you can request continuation after 20 days. If the debtor objects, the duration depends on the setting-aside proceedings or court action – from a few weeks to several months.
What happens to the debtor in debt enforcement?
The debtor receives the payment summons, the enforcement is recorded in the debt enforcement register and remains visible there for five years to third parties with a legitimate interest. If the debtor neither pays nor objects, seizure or a bankruptcy warning follows.
Do I have to send a reminder before starting enforcement?
No, not legally. A reminder threatening enforcement is, however, often effective and costs nothing.
Can I withdraw a debt enforcement?
Yes, at any time – for example after payment or a settlement. A withdrawn enforcement is no longer disclosed to third parties in the register extract (Art. 8a para. 3 DEBA). Fees already incurred remain payable.
What is the difference between debt enforcement and debt collection?
Collection agencies send reminders and negotiate on the creditor’s behalf but have no official powers. Debt enforcement is the official compulsory procedure and can lead to seizure. Both can be combined; only debt enforcement creates an entry in the debt enforcement register.
What does a debt enforcement request cost at the office?
CHF 7 to 400 depending on the amount claimed (Art. 16 DEBA Fee Ordinance), plus service costs. The creditor advances the fee; the debtor ultimately bears it.
Next steps with Hoop
File debt enforcement requests electronically with the competent debt enforcement office and order official debt enforcement register extracts online.
File a debt enforcement request online · Order a debt enforcement register extract · What debt enforcement costs
This blog article does not constitute legal advice, it is made available “as is” and makes no claim to completeness or accuracy. Hoop makes no warranty or liability as to its content. This is excluded to the extent permitted by law. Use is at your own risk. Legal advice is recommended if necessary.
