Checklist for Debt Collection in Switzerland

1 - Statute of limitations of the credit

10 years (ordinary term for commercial and civil debts, special regimes apply to certain claims)

2 - How to interrupt the statute of limitations

Acknowledgement of debt, request for debt prosecution, court action

3 - Lawyer demand letter

Not mandatory (but strongly recommended as preliminary proof and based on lawyer's ethical standards)

4 - Competent Court

Depending on the value and the nature of the claim: Certain Cantons have a Commercial Court for disputes among companies (registered entities), otherwise District Court

5 - How to appoint a lawyer

No need of a formal proxy, but signed power of attorney is customary

6 - Documents required for court action

Contract, invoices, statements of account, reminders, any acknowledgement of debt, useful correspondence

7 - Average duration of an ordinary lawsuit

12 months

8 - Special proceedings for monetary claims

Request for Debt Prosecution (Betreibungsbegehren): without opposition you can proceed to enforcement; oppositon could be lifted in summary proceedings if there is an acknowledgement of debt

9 - Regime of legal fees

Out-of-court costs to be paid by the creditor; in court, legal fees may be recovered from the debtor

10 - Interests on arrears

Stautory rate for interest on arrears is 5%. Due as from the date the debtor is put in default by creditor