The payment order is the first official act of any debt enforcement procedure in Switzerland. Governed by art. 67 to 73 DEBA/LP, it marks the formal opening of forced execution and constitutes, for the creditor, the preferred tool for recovering an unpaid claim. PBM Avocats assists creditors and debtors in Geneva and Lausanne at every stage of this procedure.
The Request for Enforcement: Starting Point of the Procedure
Any enforcement procedure begins with a request for enforcement (art. 67 DEBA/LP) filed by the creditor with the competent enforcement office. This step does not require any prior enforceable title: it is sufficient for the creditor to indicate the claimed amount, the basis of the claim and the debtor's precise contact details. The office does not examine the merits of the claim; it merely checks the formal regularity of the request before issuing the payment order.
Territorial competence belongs to the office of the domicile or registered office of the debtor (art. 46 DEBA/LP). For debtors without a fixed domicile in Switzerland but possessing assets on Swiss territory, the office of the place where the assets are located is competent (art. 52 DEBA/LP). A competence error results in the inadmissibility of the request; our lawyers systematically verify this point before any filing.
Content and Form of the Payment Order (art. 69 DEBA/LP)
The enforcement office draws up the payment order on the basis of the request. In accordance with art. 69 para. 2 DEBA/LP, the document must imperatively mention:
- The full identity of the creditor and debtor (surname, first name or company name, address);
- The amount of the claim, expressed in Swiss francs, as well as accrued interest and the claimed interest rate;
- The basis of the obligation (contract, promissory note, judgment, statutory claim, etc.);
- The enforcement number assigned by the office;
- The indication of the debtor's rights: to pay within 20 days or to raise objection within 10 days.
Any substantive imprecision in these mentions may result in the nullity of the document upon complaint (art. 17 DEBA/LP) filed before the cantonal supervisory authority within 10 days of service.
Service of the Payment Order
Service is effected by the enforcement office, in principle in person or by registered letter with acknowledgement of receipt (art. 64 DEBA/LP). When the debtor is absent or inaccessible, the office may leave a visit notice and proceed with subsequent service. As a last resort, service may take place by publication in the official cantonal gazette.
For debtors domiciled abroad, service is effected in accordance with the rules of the Hague Convention on the Service and Notification of Documents or, in the absence of an applicable convention, through diplomatic channels. The date of service is decisive for calculating the 10-day objection period (art. 74 DEBA/LP) and the 20-day payment period.
As specialist lawyers in debt enforcement law, PBM Avocats ensures that the request is correctly drafted, follows up on service and takes the necessary measures upon expiry of the statutory deadlines to defend your interests, whether you are a creditor or debtor.
Effects of the Payment Order on Prescription
Service of the payment order interrupts the prescription of the claim in accordance with art. 135 no. 2 CO. This effect is of considerable practical importance: a claim about to prescribe can be "saved" by the timely filing of a request for enforcement, even if the procedure is not subsequently pursued immediately.
However, care must be taken not to leave the enforcement proceedings in abeyance indefinitely: prescription begins to run again from the interruption, and the creditor must act within the statutory deadlines (request to continue enforcement within one year, art. 88 DEBA/LP) — in particular by requesting lifting of objection if an objection has been raised — in order to preserve their rights. Our lawyers ensure rigorous monitoring of deadlines to avoid any forfeiture.
Frequently Asked Questions About the Payment Order
Who may send a payment order?
Any creditor, whether a natural or legal person, may request the opening of debt enforcement proceedings by addressing a request for enforcement to the competent enforcement office (art. 67 DEBA/LP). It is not necessary to have a judgment or enforceable title to initiate the procedure; it is sufficient to indicate the amount of the claim, its basis and the debtor's contact details. The office only verifies the form of the request, not the merits of the claim.
What does a payment order contain?
According to art. 69 para. 2 DEBA/LP, the payment order mentions: the name and address of the creditor and debtor, the amount of the claim in Swiss francs with accrued interest, the basis of the obligation (contract, law, judgment, etc.), and the indication that the debtor has 10 days to raise objection or 20 days to pay. Any inaccuracy regarding the identity of the parties or the amount may result in nullity.
What is the competence of the enforcement office?
Territorial competence is determined by the domicile or registered office of the debtor (art. 46 DEBA/LP). For debtors domiciled abroad with assets in Switzerland, the office of the place where the assets are located is competent (art. 52 DEBA/LP). A request filed with an incompetent office will be declared inadmissible; the creditor must then address the correct office, without losing the benefit of any interruption of prescription.
How is the payment order served?
The enforcement office serves the payment order in person or by registered letter in accordance with the modalities provided for in art. 64 to 73 DEBA/LP. If the debtor is absent or refuses to receive the document, service may be effected by depositing a notice in the letterbox, by publication in the official cantonal gazette or, for debtors abroad, through diplomatic channels or on the basis of applicable mutual legal assistance conventions.
Does the payment order interrupt prescription?
Yes. Service of the payment order interrupts the prescription of the claim by virtue of art. 135 no. 2 CO, provided the competent office was seized. If the creditor leaves the matter in abeyance, prescription begins to run again from the interruption. It is therefore important to carefully monitor deadlines and, where appropriate, to request continuation of the enforcement proceedings within the statutory deadlines (request to continue enforcement within one year, art. 88 DEBA/LP) — in particular by requesting lifting of objection if an objection has been raised — in order to preserve one's rights.