Debt collection in Switzerland

Professional debt collection in Switzerland

Are you still waiting to be paid for a Swiss invoice? We can help you recover your money quickly and easily.

By simply uploading your claim, a Swiss debt collection agency will immediately start working on your case. Read on to learn how our process for debt collection in Switzerland works.

Dealing with unpaid invoices abroad

Unpaid international invoices can be stressful and time-consuming. When a foreign customer refuses to pay, it can feel like there’s no way to take action.

That’s where we come in. Oddcoll has built an international debt collection platform that connects the best local agencies and law firms worldwide. This means:

• You always have access to local expertise wherever your debtor is located
• Our trusted debt collection agency in Switzerland manages all cases involving Swiss customers
• You only need to create an account and upload your unpaid invoice; we take care of the rest

Expert debt collection in Zurich

Recovering debts in Switzerland, especially in key business hubs like Zurich and Bern, requires local knowledge and precision. Our team combines legal expertise with an intuitive online platform to make debt collection in Zurich and across Switzerland fast, efficient, and transparent.

We ensure:

• A smooth and fully managed debt recovery process
• Constant updates to keep you informed at every stage
• Professional handling that protects your reputation and customer relationships

With our comprehensive support, you can focus on your business while we handle the complexities of debt collection in Switzerland.

Our debt collection agency in Switzerland

We’re proud to work with B4B Forderungsmanagement und Inkassogesellschaft mbH, our trusted partner for debt collection in Switzerland.

B4B specializes in both commercial debt collection and consumer debt collection, combining professionalism with persistence in every case.

About our Austrian partner

• A small yet highly efficient debt collection agency in Switzerland
• Experienced in handling all types of debt recovery cases for private individuals and businesses
• Known for commitment, determination, and customer-focused service

Their success rate ranges from 50% to 100%, depending on the nature and size of the claim. Their experience and persistence ensure that every case receives the best possible chance of a successful outcome.

Overview of the Swiss legal system for debt collection

Switzerland is a confederation made up of 26 cantons and half-cantons, organized at three levels:

• The Federation (federal government)
• The Cantons
• The Municipalities (local authorities)

The Swiss Code of Civil Procedure (SCCP), which came into force in 2011, governs civil proceedings. This unified code harmonized procedures that were previously different in each canton. However, the organization of the courts remains largely under cantonal control.

Court structure for legal debt collection in Switzerland

When pursuing debt collection in Switzerland through the courts, it’s the cantons that oversee the first two levels of civil litigation.

• First instance: District courts are the primary courts that handle the majority of civil and debt collection cases.
• Second instance: Each canton has an appellate court where parties can appeal decisions from the first instance.

In some cases, courts of appeal may also act as the court of first instance if:

• The claim exceeds CHF 100,000, and
• The defendant consents to bypass the first instance.

Commercial courts and high-value disputes

Certain cantons have established a commercial court (Handelsgericht), which is often the competent authority for international commercial disputes. These courts typically handle:

• Business-related claims involving at least CHF 30,000
• Cross-border or complex commercial debt collection cases, especially in business hubs like Zurich and Bern

This structure ensures that judicial debt collection in Switzerland remains efficient, transparent, and adaptable to both local and international business needs.

Going to court with your Swiss debt collection case

Our local partner is highly experienced in debt collection in Switzerland and understands the most effective measures and strategies to encourage payment. They begin by sending debtor letters and following up with phone calls to settle before considering legal action.

However, when this isn’t enough, taking the case to court may become necessary. Below is a clear overview of how the Swiss legal process for debt collection works.

Step 1. Conciliation procedure

Before a case reaches court, Swiss law requires an attempt at conciliation between the parties. Each canton has at least one conciliation authority responsible for this stage.

When conciliation is not required

Certain types of debt collection cases in Switzerland are exempt from mandatory conciliation, including:

• Cases in the summary procedure
• Cases handled by the commercial court

How conciliation works

• The parties meet at a conciliation hearing to try to reach an agreement.
• A foreign party may be represented by a lawyer.
• If the amount in dispute is under CHF 2,000, the conciliation authority may decide the case directly upon request.
• For claims between CHF 2,000 and CHF 5,000, the authority can present a settlement proposal. If neither party objects within 20 days, the judgment becomes binding.
• If both parties agree during negotiations, the agreement is legally binding.
• If they fail to agree, the creditor can proceed to court.

Step 2. Court proceedings

When conciliation fails, the next step is judicial debt collection in Switzerland. There are three main types of court procedures, depending on the value and complexity of the case.

Ordinary court proceedings

• Used for monetary disputes over CHF 30,000.
• The process begins with a writ of summons from the creditor, which outlines the facts, claims, and evidence.
• The defendant submits a written response.
• A main oral hearing follows, where both sides present their arguments.

Simplified court proceedings

• Applies to claims under CHF 30,000.
• The process is less formal, allowing the court to play a more active role in guiding the case.

Summary court proceedings

• Designed to be faster, simpler, and cheaper.
• Typically used for uncontested or straightforward claims where the facts are easy to prove with documents.

Other important points about going to court in Switzerland:

• Legal costs: Court costs depend on the claim amount and are set by Swiss law. If the creditor wins, these costs can be added to the debt. Overall, the recovery of costs depends on the outcome (if we win 100%, we receive 100%; if we win 50%, we receive 50%, and so on).
• Limitation periods (time-barred claims): Most claims in Switzerland expire after 10 years. After that, the claim cannot be enforced in court. Some claims may have shorter limitation periods depending on their nature.
• Representation in court: Under Swiss law, creditors are not required to have a lawyer present in court, although legal representation is often recommended for complex cases.
• Language of proceedings: Court proceedings are conducted in the official language of the canton (German, French, or Italian). In cross-border disputes, some courts may accept documents in English, but hearings are generally held in the local language.

Enforcement of a claim in Switzerland

Enforcing a claim in Switzerland involves utilizing official authorities to compel the transfer of property or funds from a debtor to a creditor. This process ensures that a creditor’s right to payment is legally upheld.

Legal framework for enforcement

The enforcement of monetary claims in Switzerland is regulated by the Debt Collection and Bankruptcy Act (DCBA). This law defines how a creditor’s claim can be satisfied, either by:

• Liquidating the debtor’s assets and transferring the proceeds to the creditor, or
• Initiating bankruptcy proceedings to distribute the debtor’s estate among all creditors.

These procedures ensure fair and transparent debt collection in Switzerland, protecting both creditor and debtor rights.

How the enforcement process works

1. Filing an enforcement application
   • The creditor formally applies for enforcement through the debt enforcement authority (Betreibungsamt / Office des poursuites).
   • The application is filed in the debtor’s place of residence or registered office.
2. Notification to the debtor
   • The debtor receives notice of the enforcement request.
   • They have 20 days to pay the claim or 10 days to file an objection.
3. If the debtor does not respond, the enforcement authority proceeds with forced execution of the claim. This may involve asset seizure or bankruptcy proceedings, depending on the situation.
4. If the debtor objects, the process is temporarily paused. The creditor can then request that the court set aside the objection if they hold an enforcement order (e.g., a court judgment or acknowledged debt). This request is made under the summary procedure.

Expert help with debt collection in Switzerland

We’re ready to assist you with every stage of debt collection in Switzerland, including enforcement in Zurich, Bern, and other cantons. Our local partners understand the nuances of Swiss law and work quickly, efficiently, and professionally to recover what you’re owed.

Contact us today for expert help with your Swiss debt collection case.