Eliminate legal proposal
Request for arbitration
If your debtor raises an objection, you must remove it before you can continue the debt enforcement proceedings. The first step is to submit a request for conciliation to the competent justice of the peace.
This is where you create the request for arbitration, which is prepared ready for signature with the relevant justice of the peace address. You must sign the application, enclose the necessary documents (payment order, contract, invoice, delivery note, etc.) and send it by post.
You must appear in person at the hearing before the Justice of the Peace.
Price: CHF 75.00
You have initiated debt collection proceedings and your debtor has lodged an objection. The debtor disputes the claim with the legal proposal. If you want to continue the debt collection, you must remove the legal proposal. This means that you cannot avoid having the existence of your claim recognised by the court. Recognition by the court is the prerequisite for being able to continue the ongoing debt enforcement proceedings.
Create immediately,
sign, send off.
Request in the Languages
German, French and Italian
Justice of the Peace Office becomes
determined automatically.
Good to know before debt collection
You must pay the debt collection fees in advance and claim them from the debtor later. You should therefore clarify in advance whether debt collection is worthwhile. Check:
- Financial situation of the debtor: Debt enforcement extract, Creditworthiness analysis, Extract from the commercial register.
- Evidence: The burden of proof lies with the creditor in order to enforce a claim. Evidence includes contracts, orders, delivery notes, written communications from the debtor, acknowledgement of debt, etc.
If the debtor does not agree with the enforced claim and can lodge an objection, he must do so immediately to the bearer of the payment order or within 10 days of service of the payment order at the debt enforcement office, either verbally or in writing. The objection shall have the effect of discontinuing the debt enforcement proceedings.
The debtor can also dispute only part of the claim. He must state the exact amount disputed, otherwise the entire claim is deemed to be disputed. The creditor can demand that the debt enforcement proceedings be continued for the undisputed amount.
After the ten-day period for contesting the claim has expired, the creditor receives a duplicate of the payment order from the debt enforcement office with the note "legal objection raised" or "legal objection not raised".
The debtor can irrevocably withdraw the objection at any time. Once the objection has been made, you should always send the debtor a written request to withdraw the objection. If the debtor withdraws the objection voluntarily, this means less work for both parties.