Questions and answers on debt enforcement and register extracts
The most common questions on debt enforcement in Switzerland and on the debt enforcement register extract. Hoop is a private software provider connected to the eSchKG network of the Federal Office of Justice as a participant: you file debt enforcement requests electronically and order extracts online.
Starting debt enforcement
How do I start debt enforcement?
You file a debt enforcement request with the debt enforcement office at the debtor’s place of residence or registered office. With Hoop, you enter the creditor, debtor and claim, sign with a qualified electronic signature, and Hoop sends the request via eSchKG to the competent office. → Starting debt enforcement
Legal basis: Art. 67 DEBA
Do I need a lawyer for debt enforcement?
No. Any creditor can file a debt enforcement request themselves, even without a written contract. Hoop guides you through the details. → Debt enforcement with Hoop
What details does a debt enforcement request need?
The name and address of creditor and debtor, the amount claimed in Swiss francs, any interest from a given date, and the basis of the claim, for example the invoice with number and date.
Which debt enforcement office is competent?
As a rule, the office at the debtor’s place of residence or the company’s registered office. Hoop determines the competent office from the address and forwards the request there.
Legal basis: Art. 46 DEBA
Can I file a debt enforcement request online?
Yes. Hoop sends the signed request electronically using the eSchKG standard; you do not need to print or post anything. You can also file a request directly with the debt enforcement office or via the federal debt enforcement portal.
Process and deadlines
What happens after the debt enforcement request?
The debt enforcement office serves the payment order on the debtor. The debtor has 20 days to pay and 10 days to raise an objection. You can see the status and deadlines in Hoop.
Legal basis: Art. 69 DEBA, Art. 74 DEBA
What does an objection mean?
With an objection, the debtor disputes the claim and the proceedings are halted. To continue, you apply to the court to set the objection aside: provisionally with an acknowledgement of debt, definitively with a judgment.
Legal basis: Art. 80 DEBA, Art. 82 DEBA
When can I continue the proceedings?
If no objection was raised or it has been set aside, you file the request to continue no earlier than 20 days after the payment order was served and no later than one year. Depending on the debtor, seizure follows or, for companies in the commercial register, a threat of bankruptcy.
Legal basis: Art. 88 DEBA, Art. 39 DEBA
What is a certificate of loss?
You receive a certificate of loss if a seizure does not cover the claim or covers it only partly. It confirms the outstanding balance and allows you to enforce again later. In Hoop, you manage certificates of loss in one place.
Legal basis: Art. 149 DEBA
Can the debtor have an unjustified debt enforcement removed?
If they raised an objection, the debtor can request, three months after the payment order was served, that the proceedings no longer be disclosed to third parties. The office then gives the creditor 20 days to prove that proceedings to set the objection aside were started in time.
Legal basis: Art. 8a DEBA
Costs
What does debt enforcement cost?
The debt enforcement office charges fees under the fee ordinance to the Debt Enforcement and Bankruptcy Act, depending on the amount claimed. The creditor advances them, but the debtor ultimately bears them. Filing via Hoop adds a fixed price. → Debt enforcement pricing
Legal basis: Art. 68 DEBA
Is Hoop a debt enforcement office?
No. Hoop Corporate Services SA is a private software provider connected to eSchKG as a participant. The official fees are the same whether you file directly with the office or via Hoop.
Debt enforcement register extract
What does a debt enforcement register extract show?
The extract shows debt enforcement proceedings against a person or company with amount and status, for example payment order, seizure or certificate of loss. It covers the district of the issuing office, usually the current place of residence or registered office. → The extract explained
Can I order an extract on another person or company?
Yes, if you can show a credible interest, for example an unpaid invoice or a planned contract. You upload the evidence when ordering in Hoop. → Extracts on third parties
Legal basis: Art. 8a DEBA
How quickly do I receive the extract, and in what form?
Usually on the same or next working day, as an electronically signed PDF. The debt enforcement office issues it in the official language of the canton or municipality. → Order an extract
How old may a debt enforcement register extract be?
The extract shows the status on the date of issue. Landlords, banks and employers usually require an extract no older than a few weeks to three months.
Should I order an extract on the debtor before starting debt enforcement?
It is not required for the request, but often useful: it shows whether there are already debt enforcement proceedings or certificates of loss against the debtor.
