The Continuation Request for Debt Enforcement in Switzerland
Deadlines and Effects of the Continuation Request (Art. 88 DEBA)
| Step / Deadline | Detail | Legal Basis |
|---|---|---|
| Minimum deadline for filing | Day after expiry of the 10-day objection period (10+1 days) | Art. 88 para. 1 DEBA |
| Maximum deadline (forfeiture) | 1 year from notification of the payment order | Art. 88 para. 2 DEBA |
| Suspension of deadline | During the judicial lifting procedure | Art. 88 para. 2 DEBA |
| Effect for private debtor | Seizure of assets within one month by the office | Art. 89 DEBA |
| Effect for debtor entered in commercial register | Bankruptcy warning with 20-day payment deadline | Art. 159 DEBA |
| Consequence of non-compliance | Lapse of enforcement — start again from the beginning | Art. 88 para. 2 DEBA |
The continuation request for debt enforcement constitutes a decisive step in the debt collection procedure in Switzerland. This legal mechanism forms part of a strictly regulated sequential process under the Federal Act on Debt Enforcement and Bankruptcy (DEBA). After the dispatch of a payment order and the absence of objection or the lifting thereof, the creditor must imperatively request continuation of the enforcement to maintain pressure on the recalcitrant debtor. This step triggers either seizure for natural persons not entered in the commercial register, or a bankruptcy warning for registered commercial entities. Our law firm assists creditors in this critical phase which requires in-depth knowledge of legal deadlines and the procedural specificities of Swiss debt enforcement law.
Legal Foundations and Prerequisites for the Continuation Request
The continuation request for debt enforcement finds its basis in the Federal Act on Debt Enforcement and Bankruptcy (DEBA), notably in arts. 88 et seq. This procedure forms part of a rigorous legal sequence that begins with notification of the payment order and continues with the continuation request when certain conditions are met.
To validly file a continuation request, several prerequisites must be satisfied:
- The payment order must have been validly notified to the debtor
- The 10-day objection period must have elapsed
- Either no objection has been filed, or the objection has been lifted by a judicial decision
- The request must be made within the one-year deadline from notification of the payment order (art. 88 para. 2 DEBA)
Distinction According to the Debtor's Status
Swiss law has established two distinct procedures for continuation of enforcement, depending on the debtor's status:
- For natural persons not entered in the commercial register and certain specific entities: enforcement by seizure (art. 89 DEBA)
- For persons entered in the commercial register: enforcement by bankruptcy (arts. 159 et seq. DEBA)
This fundamental distinction determines not only the applicable procedure but above all the consequences for the debtor. In the first case, only certain assets will be seized to satisfy the claim, while in the second, the entire assets may be liquidated in the context of bankruptcy proceedings.
Legal Effects of the Continuation Request
The continuation request produces substantial legal effects that transform the nature of the enforcement procedure.
In the Context of Enforcement by Seizure
When the request concerns a debtor subject to enforcement by seizure, the debt enforcement office must proceed with seizure as soon as possible, generally within one month under art. 89 DEBA. The main effects are:
- The debt enforcement office sets a date for seizure and summons the debtor
- The enforcement officer draws up an inventory of the debtor's attachable assets
- The seized assets are placed under state control
- The debtor can no longer freely dispose of them under penalty of criminal sanctions (art. 169 SCC)
- Creditors acquire a lien on the seized assets
Seizure may apply to different types of assets, in the following order:
- Movable property
- Claims and other rights
- Income (wages, pensions, etc.) to the extent they exceed the subsistence minimum
- As a last resort, real property
In the Context of Enforcement by Bankruptcy
For debtors subject to enforcement by bankruptcy, the continuation request entails more radical consequences:
- The debt enforcement office sends the debtor a bankruptcy warning
- The debtor has 20 days to settle their debt
- Failing payment within this period, the creditor may request bankruptcy before the competent court
- If bankruptcy is declared, the entire attachable assets of the debtor are placed under administration
Frequently Asked Questions on the Continuation Request for Debt Enforcement
Within what deadline must I file the continuation request for debt enforcement?
The continuation request must be filed within one year from the notification of the payment order (art. 88 para. 2 DEBA). This forfeiture deadline is absolute: failure to comply results in the lapse of the enforcement proceedings. If an objection has been filed, this deadline is suspended during the duration of the judicial lifting procedure.
What happens after the continuation request for a private debtor?
For a natural person not entered in the commercial register, the debt enforcement office proceeds with seizure of attachable assets within one month (art. 89 DEBA). The enforcement officer summons the debtor, draws up an inventory of their assets and income, then proceeds with seizure within the legal limits (protected subsistence minimum). The assets are then sold at auction.
What happens after the continuation request for a company entered in the commercial register?
For a debtor entered in the commercial register, the office issues a bankruptcy warning with a 20-day payment deadline. If the debt is not paid, the creditor may request bankruptcy before the competent court. The court then declares bankruptcy and the entire assets of the company are placed under administration.
Can I still negotiate with the debtor after filing the continuation request?
Yes, absolutely. Filing the continuation request does not prevent parallel negotiation. If an agreement is reached (payment plan, partial debt remission), the creditor may withdraw their request or suspend the procedure. PBM Avocats in Geneva and Lausanne frequently coordinates formal procedures and out-of-court negotiations.
When can I file the continuation request at the earliest?
The request may be filed at the earliest the day after the expiry of the 10-day objection period, if no objection has been filed. If an objection has been filed and lifted by judgment, the request may be filed as soon as the lifting decision becomes enforceable. The maximum deadline remains one year from notification of the payment order.