How to Obtain a Debt Register Extract?

How to Obtain a Debt Register Extract in Switzerland?

Procedure and Costs by Request Method

The debt register extract constitutes a fundamental document in the Swiss legal system. This official document lists all debt enforcement proceedings initiated against a person or company over a period of five years. In Switzerland, this extract serves as a genuine financial passport, consulted in many situations such as signing a lease, obtaining credit or seeking employment in certain sectors. The request for such a document follows a specific procedure, governed by the Federal Act on Debt Enforcement and Bankruptcy. Understanding the modalities for obtaining it, the information contained in the document and the available recourses in the event of contestation is essential for any Swiss resident.

The Nature and Role of the Debt Register Extract

The debt register, managed by the cantonal enforcement offices, constitutes a database listing all debt recovery proceedings initiated against natural or legal persons. This system, specific to Switzerland, makes it possible to assess the financial reliability of an individual or a company.

The debt register extract, commonly called an "enforcement office attestation", represents a snapshot of a person's situation with regard to enforcement proceedings. This official document mentions enforcement proceedings initiated, whether ongoing, settled or contested, over a period of five years.

Information Contained in the Extract

A standard debt register extract contains several elements:

• The debtor's personal data (surname, first name, date of birth, address)
• The list of enforcement proceedings initiated during the last five years
• The amount of each enforcement proceeding
• The date of initiation of the enforcement proceeding
• The stage reached by the procedure (payment order, seizure, etc.)
• Any objections raised
• Any certificates of loss of assets

It should be noted that withdrawn or cancelled enforcement proceedings nevertheless appear on the extract, accompanied by the corresponding mention. This means that an enforcement proceeding, even one that was unjustified and successfully contested, remains visible for five years.

Use of the Extract in Swiss Society

In Switzerland, the debt register extract plays a predominant role in many situations:

• Renting accommodation (required by the majority of landlords)
• Applications for consumer or mortgage credit
• Subscription to certain services
• Candidacy for certain positions, particularly in the financial sector
• Creating a company
• Obtaining Swiss nationality

The Procedure for Obtaining the Extract

Obtaining a debt register extract follows a specific procedure that varies slightly by canton, while complying with a common federal framework. The fundamental principle remains that any person may request their own extract, while third parties must demonstrate a legitimate interest.

Determining the Competent Office

The first step consists of identifying the competent enforcement office. In Switzerland, territorial competence is determined by the domicile of the person concerned or the company's registered office. Each municipality is linked to a specific enforcement office, generally organised at the district or cantonal level.

For a natural person, the competent office is that of their current domicile. A crucial point to understand: the extract will only mention enforcement proceedings initiated in the relevant district. Thus, a person who has recently changed domicile may obtain an extract that does not reflect their complete situation.

Practical Modalities of the Request

The request for an extract may be made through several channels:

• In person: by going directly to the competent enforcement office, with a valid identity document
• By postal mail: by addressing a written request accompanied by a copy of an identity document and a stamped reply envelope
• Online: many cantons now offer electronic platforms making it possible to order the extract via the internet
• Via the eLP/e-LP application: centralised electronic system for enforcement proceedings, accessible to individuals in certain cantons

Required Documents and Fees

To obtain one's own extract, it is essential to present:

• A valid identity document (identity card, passport, residence permit)
• The duly completed request form (available on site or on the office's website)
• Payment of administrative fees

The cost of a standard extract varies between CHF 17 and CHF 25 depending on the canton. Additional fees may apply for additional services such as express delivery or special attestations covering several districts.

Contesting and Removing Enforcement Proceedings

The presence of enforcement proceedings on an extract can be detrimental in many situations. Fortunately, Swiss legislation provides various avenues for contesting unjustified enforcement proceedings or obtaining their removal under certain conditions.

Objection to the Payment Order

When enforcement proceedings are initiated, the presumed debtor receives a payment order. They then have a period of ten days to raise objection, without having to give reasons. This objection temporarily blocks the enforcement proceedings, but does not erase them from the register. They will appear there with the notation "objection".

To go further, the debtor may bring an action for release from debt before the competent court. If successful, the enforcement proceeding remains visible on the extract but with the notation "cancelled by court decision", which generally neutralises its negative effects.

Early Removal Procedure

In certain specific cases, early removal may be requested before the expiry of the statutory five-year period:

• When the creditor acknowledges in writing that the enforcement proceeding was unjustified
• If the creditor formally withdraws their enforcement proceeding
• Following a court decision declaring the claim non-existent
• In the event of manifest abuse of right by the creditor

The procedure generally involves a written request to the enforcement office, accompanied by evidence justifying the removal request. The enforcement officer then makes a decision which may be appealed before the cantonal supervisory authority.

Recourses and Legal Assistance

Faced with a contested enforcement proceeding, several legal options exist:

• Complaint to the supervisory authority of the enforcement offices
• Action for negative declaration of debt
• Claim for damages caused by abusive enforcement proceedings

These processes can be complex and often require the intervention of a specialist lawyer. Our law firm regularly assists clients in these procedures, determining the optimal strategy according to each particular situation and preparing the relevant legal arguments.

Frequently Asked Questions About the Debt Register Extract