Asset seizure (saisie) is the route of forced execution applicable to private individuals not registered in the commercial register. Governed by arts. 89 to 150 DEBA, it allows the creditor to have the debtor's assets and income apprehended and realised up to the amount of the claim. PBM Avocats accompanies creditors and debtors through all stages of the seizure procedure, in Geneva and Lausanne.
The Continuation Request and the Attachment Record
Once the opposition has been lifted or if no opposition was filed within 10 days, the creditor may file a continuation request (art. 88 DEBA) within one year of notification of the payment order. The enforcement office then notifies the debtor of the attachment notice, which sets the date and place of execution.
The enforcement officer attends the debtor's home or workplace to draw up the attachment record (art. 112 DEBA). This document inventories the attached assets, their estimated value and, if applicable, third-party claimants. Attachment may cover movable assets, claims (wages, rent, bank accounts), company shares or real estate.
Attachable and Non-Attachable Assets (arts. 92-93 DEBA)
| Attachable Assets | Non-Attachable Assets (art. 92 DEBA) |
|---|---|
| Vehicles (not professional tools) | Indispensable clothing and personal effects |
| Bank accounts (above minimum subsistence) | Professional tools necessary for work (art. 92 para. 1 no. 3 DEBA) |
| Valuable furniture, jewellery, works of art | Religious and sentimental objects without market value |
| Real estate (attached as last resort) | Domestic animals (since 2022) |
| Income exceeding minimum subsistence | Portion of wages ≤ minimum subsistence (base + rent + health insurance + professional costs) |
| Claims against third parties (rent received, etc.) | Maintenance payments received (partially protected) |
| Transferable company shares and participations | Non-transferable rights (right to a name, purely personal rights) |
Minimum Subsistence (art. 93 DEBA): Debtor Protection
Art. 93 DEBA guarantees the debtor the retention of a minimum income allowing them to meet their essential needs. This minimum subsistence includes unavoidable charges: rent or mortgage payments, compulsory health insurance premiums (FHIA), professional transport costs, legally owed maintenance contributions, and a standard base amount fixed according to the guidelines published by the Swiss Conference of Enforcement and Bankruptcy Officers.
The calculation of the minimum subsistence varies according to the debtor's family situation (single, married, dependent children). The enforcement office performs this calculation, but the debtor may challenge the result by way of complaint (art. 17 DEBA) if they consider that certain charges have not been taken into account. Our lawyers verify the calculation and, if necessary, file a complaint to correct the attachable amount.
Realisation of Attached Assets and Distribution of Proceeds
After attachment, the enforcement office proceeds to the estimation of the assets (art. 97 DEBA), then organises their realisation (arts. 116-143 DEBA). The sale takes place in principle at public auction, announced in advance in the official gazette. For real estate, the procedure is longer: realisation may only take place at a minimum of six months after attachment (art. 116 para. 2 DEBA).
The proceeds of realisation are distributed to creditors according to the distribution schedule (art. 144 DEBA), which respects the order of priority from the attachment record and, if applicable, pledge rights or preferential rights. If proceeds are insufficient to fully satisfy the creditor, the office issues a certificate of loss (art. 149 DEBA) for the unpaid balance.
Frequently Asked Questions about Asset Seizure and Forced Execution
Which assets are non-attachable in Switzerland?
Art. 92 DEBA lists the assets that are absolutely non-attachable: indispensable personal effects (clothing, bedding, kitchen utensils), tools and instruments necessary for the exercise of one's profession, domestic animals, food and fuel for two months, social benefits (social assistance, disability/AVS pensions to the extent of the minimum subsistence). Military service weapons and certain religious objects are also protected.
How is the minimum subsistence calculated?
The minimum subsistence (art. 93 DEBA) is calculated by the enforcement office by deducting from the debtor's income the admitted charges: rent or mortgage payments, compulsory health insurance premiums (FHIA), professional transport costs, legally owed maintenance contributions, and a basic monthly amount fixed according to the guidelines for calculating the minimum subsistence in enforcement proceedings published by the Swiss Conference of Enforcement and Bankruptcy Officers. Only the surplus is attachable.
Can wages or a pension be attached?
Yes. Employment income (wages, fees, AVS/disability pensions) is attachable to the extent that it exceeds the minimum subsistence calculated under art. 93 DEBA. Attachment of wages is notified to the employer, who is required to pay the attachable portion directly to the enforcement office. Attachment of AVS/disability benefits is subject to special rules; the entitlement to benefits itself is non-attachable, but benefits already paid into a bank account may be attached.
What happens if several creditors pursue the same debtor?
When several creditors file a continuation request within 30 days of each other, their claims are combined in the same attachment (group attachment, art. 110 DEBA). Creditors who file their request later participate in a subsequent attachment (art. 111 DEBA) and are ranked after the first group creditors. The order of ranking determines priority for satisfaction from the proceeds of realisation.
How does the realisation of attached assets proceed?
After the attachment record, the enforcement office proceeds to estimate the assets. Realisation (public auction or private sale with the parties' agreement, under arts. 125-131 DEBA) takes place at the earliest one month and at the latest two years after attachment. For real estate, the minimum period is six months (art. 116 para. 2 DEBA). The proceeds are distributed to creditors according to the distribution schedule drawn up by the office; if proceeds are insufficient, a certificate of loss is issued.