The attachment is a conservatory forced execution measure allowing a creditor to freeze a debtor's assets even before holding a judgment or having initiated enforcement proceedings. Governed by arts. 271 to 281 DEBA, it constitutes an essential strategic tool for securing a claim against a debtor likely to conceal or transfer their assets. PBM Avocats manages the entire attachment procedure, from the request to its validation, from Geneva and Lausanne.
Conditions and Attachment Cases (art. 271 DEBA)
Attachment is not available in all situations: art. 271 DEBA exhaustively lists the attachment cases that give rise to this measure. The main ones are:
- The debtor has no fixed domicile in Switzerland (para. 1 no. 1);
- The debtor is evading their obligations by fleeing, concealing their assets or taking acts tending to frustrate their creditors (para. 1 no. 2);
- The debtor is passing through Switzerland (para. 1 no. 3);
- The debtor is domiciled abroad but owns assets in Switzerland (para. 1 no. 4);
- The creditor holds a written acknowledgement of debt signed by the debtor, a definitive lifting order or a certificate of loss (para. 1 nos. 5 and 6).
The creditor must also make their claim plausible: it is not a matter of proving it with certainty, but of presenting sufficient elements to convince the judge of the probable existence of the claim.
The Procedure for Obtaining the Attachment Order
The attachment request is filed with the competent judge, who is in principle the civil court of the place where the assets to be attached are located (art. 272 DEBA). The proceedings are ex parte: the judge rules without hearing the debtor, which is one of the fundamental characteristics of attachment and which guarantees the element of surprise necessary for its effectiveness.
The judge may require the creditor to deposit security (bond, bank guarantee) to cover the potential damage that the attachment might cause the debtor if it proves unjustified (art. 273 DEBA). The attachment order is immediately transmitted to the enforcement office, which proceeds with execution by taking possession of the designated assets. An attachment record is drawn up.
Opposition to Attachment and Appeal (art. 278 DEBA)
Once notified of the attachment order or the execution record, the debtor has 10 days to file opposition with the judge who pronounced the attachment (art. 278 para. 1 DEBA). The opposition is judged in summary proceedings, and the debtor must make it plausible either that the attachment case is not fulfilled, or that the applicant's claim does not exist.
If the opposition is upheld, the attachment is lifted and the creditor may have to repair the damage caused. If rejected, the debtor may appeal within 10 days (art. 278 para. 3 DEBA). The attachment remains enforceable throughout the duration of the opposition and appeal proceedings, unless the judge decides otherwise.
Validation of the Attachment (art. 279 DEBA)
The creditor cannot be satisfied with the attachment as a permanent measure. They must validate it within the legal deadlines in two steps:
- Within 10 days of notification of the attachment to the debtor: notify a payment order or request continuation of the enforcement already initiated;
- Within the deadline set by the judge (generally 30 days): bring an action on the merits or a lifting request if the debtor has filed opposition.
If these deadlines are not met, the attachment lapses and the assets are released. The validated attachment then automatically converts into a provisional seizure in favour of the attaching creditor (art. 275 DEBA), giving them priority over other creditors for the realisation of the attached assets.
Frequently Asked Questions about Asset Attachment
What are the cases allowing an attachment order to be requested?
Art. 271 DEBA exhaustively lists the attachment cases. The main ones are: the debtor has no fixed domicile in Switzerland; they are evading their obligations by hiding, fleeing or concealing their assets; they are passing through Switzerland or belong to the category of travellers; they own assets in Switzerland without being domiciled there; the creditor holds a definitive lifting order or an acknowledgement of debt; the creditor holds a certificate of loss.
How is an attachment order obtained?
The creditor files an attachment request with the competent judge (civil court of the place where the assets are located), setting out the facts, the attachment case invoked and making the claim plausible. The judge rules without hearing the debtor (ex parte proceedings) and may require the creditor to provide security to cover any damage suffered by the debtor (art. 273 DEBA). The order is executed immediately by the enforcement office.
What is the deadline for validating the attachment?
Under art. 279 DEBA, the creditor must validate the attachment within 10 days of its notification by initiating enforcement proceedings (payment order) or, if the debtor is already being pursued, by requesting continuation of the enforcement. If they do not yet hold a title, they must also bring an action on the merits within the deadline set by the judge (generally 30 days). Failure to comply with these deadlines results in the attachment lapsing.
Can the debtor oppose the attachment?
Yes. The debtor may file opposition to the attachment (art. 278 DEBA) within 10 days of becoming aware of the order. The opposition is judged in summary proceedings: the debtor must make it plausible that the conditions for attachment are not met or that the claim does not exist. If the opposition is upheld, the attachment is lifted. If rejected, the debtor may appeal within 10 days (art. 278 para. 3 DEBA). The attachment is not automatically suspended during the opposition proceedings.
Does the attachment apply to bank accounts?
Yes. The attachment may seize any asset belonging to the debtor and located in Switzerland, including bank assets. The attachment order is notified to the bank, which is required to freeze the funds up to the attached amount. For jointly owned accounts or third-party accounts held for the debtor, the situation is more complex and requires a case-by-case analysis. Attached funds remain frozen until the lifting or validation through enforcement proceedings.