An invoice is due, the payment reminder went unanswered, and so did the second one. Now the question is: send another reminder, call, or start debt enforcement? This guide explains what Swiss law says about reminders, what you can claim when a customer pays late, what belongs in the final reminder and when debt enforcement is the right next step.
In brief: Swiss law does not require any reminder before debt enforcement; in practice, two or three are common. If no fixed payment date was agreed, it is the reminder that puts the debtor in default (art. 102 CO); from then on, default interest of 5% per year is owed (art. 104 CO). A proven approach: a friendly first reminder, a clear final reminder with a deadline and notice of debt enforcement, then the debt enforcement request. With Hoop, you file it online or directly from your accounting software, for example Abacus accounts receivable or 21.AbaNinja; Hoop transmits it via eSchKG to the competent debt enforcement office. Last reviewed: November 2026.
Key points
- Without an agreed payment date, the debtor is only in default after a reminder.
- From default, 5% default interest is owed; interest on interest is not allowed.
- You can only charge reminder fees if they were agreed.
- Reminder stages are practice, not law. Debt enforcement does not require a reminder.
- A reminder does not interrupt the limitation period; debt enforcement does.
When is an invoice in default?
An invoice is due as soon as the creditor can demand payment. However, the debtor is only in default once the creditor sends a reminder (art. 102 para. 1 CO). Exception: if a specific payment date was agreed, for example “payable by 30 November” in the contract, the debtor is in default as soon as that day has passed, without a reminder (art. 102 para. 2 CO).
A payment term that appears only on the invoice does not automatically count as an agreed date. If you want clarity, set the payment term in the contract or your terms and conditions, or send a reminder once it has passed. Important for later: the limitation period runs from the due date, not from the reminder (art. 130 CO).
How many reminders are needed?
Swiss law has no reminder stages. A single reminder is enough to put the debtor in default, and debt enforcement requires none at all. Sending two or three reminders is common business practice in Switzerland.
There is a good reason for this practice: many unpaid invoices are not a matter of bad faith. The invoice got lost, there is a question about the service, or a temporary cash shortfall. A friendly first reminder with a contact person resolves many cases without further effort and protects the customer relationship. The tone only becomes firmer at the last stage.
A proven sequence:
- Payment reminder shortly after the due date: friendly, with a copy of the invoice and a contact person.
- Second reminder with a new, short deadline and a note on default interest.
- Final reminder with a clear deadline and notice that debt enforcement will follow.
What can you claim when payment is late?
- Default interest: 5% per year from default (art. 104 para. 1 CO). If a higher rate was agreed in the contract, it also applies during default (para. 2). Interest on default interest is not allowed (art. 105 para. 3 CO).
- Reminder fees: you can only charge flat reminder or handling fees if they were agreed, for example in your terms and conditions. Any damage beyond default interest must be proven (art. 106 CO).
- Debt enforcement costs: you advance the debt enforcement office’s fees; in the end, the debtor bears them (art. 68 DEBA).
What belongs in the final reminder?
- invoice number, invoice date and amount outstanding
- reference to previous reminders
- default interest with the date from which it runs
- a clear deadline with a date (not “within 10 days”)
- payment details, ideally as a QR-bill
- notice that debt enforcement will be initiated once the deadline has passed
- a contact person for questions or an instalment plan
- the correct address: for companies, the exact company name as entered in the commercial register
Tip: if the customer proposes paying in instalments, have them confirm the debt in writing and sign it. Such an acknowledgement of debt interrupts the limitation period (art. 135 no. 1 CO) and, if the debtor later files an objection, allows provisional setting aside of the objection (art. 82 DEBA).
When is debt enforcement worth it?
Debt enforcement is the right next step if
- the customer does not respond to the final reminder,
- payment promises have been broken more than once,
- the limitation period is approaching: most claims become time-barred after ten years (art. 127 CO), some after five, such as periodic payments, craftsmen’s work, retail sales of goods or professional services of lawyers and notaries (art. 128 CO). Reminders do not change this; debt enforcement interrupts the limitation period (art. 135 no. 2 CO),
- you can prove the claim, ideally with a signed contract or an acknowledgement of debt.
Take a closer look if the customer disputes the claim on the merits and you only have an invoice. In that case, expect an objection, and you will need to enforce the claim in court. A debt enforcement register extract gives you a first indication of whether the debtor can pay.
The guide Initiating debt enforcement in Switzerland explains the procedure from the debt enforcement request onwards, with deadlines and official fees.
Debt enforcement before year-end: what applies at Christmas?
Debt enforcement holidays run from seven days before to seven days after Christmas. During this period, the office carries out no debt enforcement acts, so no payment order is served (art. 56 DEBA). You can still file a debt enforcement request; it will be served after the holidays. If you want to get open claims moving before the year ends, file the request in early December.
From reminder to debt enforcement with Hoop
If the final reminder has no effect, there are two ways to start debt enforcement. Directly via Hoop: you enter the debt enforcement request online with creditor, debtor, claim, interest from the date of default and the reason for the claim. Integrated in your software: if you work with accounting or business software such as Abacus accounts receivable or 21.AbaNinja, you trigger debt enforcement directly from the invoice under reminder; the data from your dunning process is carried over. In both cases you sign with a qualified electronic signature, Hoop determines the competent debt enforcement office and transmits the request via eSchKG, throughout Switzerland. You track status, deadlines and certificates of loss in one place, for a single claim or for many.
Frequently asked questions about reminders and late payment
How many reminders are usual in Switzerland?
Two to three stages are usual: payment reminder, second reminder, final reminder with notice of debt enforcement. None of them is mandatory. A single reminder is enough to put the debtor in default.
From when can I charge default interest?
From default: with the reminder or, if a payment date was agreed, from the day after that date. The rate is 5% per year unless a higher rate was agreed in the contract (art. 104 CO).
Can I charge reminder fees?
Only if they were agreed, for example in your terms and conditions or the contract. Without an agreement you can claim default interest; any greater damage must be proven (art. 106 CO).
Does a reminder interrupt the limitation period?
No. The limitation period is interrupted, among other things, by the debtor acknowledging the debt, by part payments or by debt enforcement (art. 135 CO). The period then starts again.
What should I do if the customer proposes an instalment plan?
Agree the instalments in writing and have the debtor sign the debt. If the instalments are not paid, the acknowledgement of debt is a sound basis for debt enforcement and provisional setting aside of the objection.
Can I start debt enforcement directly from my accounting software?
Yes, if your software is connected, for example Abacus accounts receivable or 21.AbaNinja. You trigger the debt enforcement request from the invoice under reminder, and Hoop transmits it via eSchKG to the competent debt enforcement office. Without a connection, you enter the request directly in Hoop.
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
For businesses that do it themselves: Debt enforcement request for businesses
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.
