Debt Collection in
- Effortlessly start your case within 2 minutes
- German, French and Italian-speaking debt collection lawyers
- Assistance in the pre-legal phase or Betreibungsbegehrenwith and Ordinary civil proceedings in the judical phase
- Debt collection in Zürich, Bern or Geneva? 95% success rate throughout Switzerland
- No Cure No Pay debt collection
When dealing with debt collection in Switzerland, you can count on Bierens to act swiftly and efficiently against your debtor. With more resources than a regular debt collection agency in Switzerland, our experts can help overcome the language, cultural and legal differences that arise when dealing with Swiss debtors. Our specialists always start in the extrajudicial phase on a No Cure No Pay basis. Should legal action be necessary, then our debt collection lawyers can assist you in the judicial phase when applying for the Betreibungsbegehren or Ordinary civil proceedings against your Swiss debtor. For successful debt collection in Switzerland, find out what our experts can do for you and recover your debt.
Debt collection in Switzerland explained in 7 steps
- Step 1: You can easily upload your claim here. All you have to do is enter your details, your debtor’s details and information regarding your debt collection case in Switzerland.
- Step 2: Your caseworker will send your Swiss debtor a demand letter. This will be written in either German, French or Italian depending on the language your debtor speaks and customised according to your case.
- Step 3: We start our investigation by checking international credit reports and local databases such as the Betreibungsregister. This is a governmental register that contains information on debtors and their claims. It also allows creditors to view previous debts, the amount of the claim, and its outcome. This way we can understand why the invoice was not paid. This helps us to define our strategy to solve your debt collection case in Switzerland more efficiently.
- Step 4: Your caseworker will reach out to you to discuss the approach you wish to have. We adjust our strategy accordingly and you can track the status of the case 24/7 through our online portal.
- Step 5: If your Swiss debtor fails to respond to the demand letter, then our efforts do not stop there. We will contact your debtor by phone and in writing. By directly contacting your Swiss debtor, we ensure to avoid any miscommunication.
- Step 6: In some cases, we can also have your debtor visited by debt collectors. With our contacts across Switzerland and private detectives, we can further investigate your debtor.
- Step 7: 95% of our cases are solved in the extrajudicial phase without court intervention. With the expertise of our native in-house specialists and the various resources that we have in store for your Swiss debtor, we can collect your claim. If your debtor refuses to pay or disputes the case, we can continue in the legal phase in consultation with you. Before doing so, we extensively discuss your options and possible costs.
International experts for debt collection in Switzerland
With a team of more than 115+ experts in international recovery, our lawyers can tell you everything you need to know about debt recovery in Switzerland. With each specialising in different countries and industries, our lawyers can tell you everything you need to know in both the extrajudicial and judicial phases. By overcoming the language, cultural and legal differences, our international debt collection specialist can have your unpaid debt recovered in no time. Find out more about our international team here.
Free advice from the best debt collection specialists
Debt collection costs: No Cure No Pay debt collection in Switzerland
When solving your debt collection in Switzerland, we aim to recover your debt without court intervention. We start on a No Cure No Pay basis, whereby we charge €165,- for administrative costs. We aim to collect the interest and costs from your debtor; however, this differs per case. With more resources than regular debt collection agencies in Switzerland, you can expect the following:
- Personal contact with your caseworker
- Personal contact with your Swiss debtor by phone and in writing
- Customised strategy according to your case
- Access to the largest national and international B2B debt collection databases
- Real knowledge of local business cultures and payment behaviours
- Knowledge of national and international judicial procedures
- Honest advice if legal action is necessary
If legal action is required, then we move to an hourly or fixed fee. We will only do so in consultation with you. You can view our fees here.
Debt collection laws in Switzerland
Debt collection laws in Switzerland may differ compared to the regulations in your country. Often following local procedures is much more effective and faster. With a Swiss lawyer by your side, they can initiate the following procedures on your behalf:
Betreibungsregister: Requesting an extract for accelerated procedures
Before initiating legal proceedings against your Swiss debtor, creditors must have an extract from the Betreibungsregister, which we can already extract on your behalf during the pre-legal debt collection phase. During the legal debt collection phase, this extract will also be needed to help our lawyers determine the most effective course of action for your unpaid debt.
Betreibungsbegehren: Accelerated debt collection procedure
Once an extract has been requested from the Betreibungsregister, the Betreibungsbegehren can be initiated. This is an accelerated debt collection procedure, whereby an order for payment is sent to your Swiss debtor. The debtor can either complete the payment within 20 days or respond by disputing the claim with a Rechtsvorschlag.
If the extract from the Betreibungsregister indicates that there are few or no proceedings against your Swiss debtor, the Betreibungsbegehren can be continued. If the Swiss debtor does not raise a defence, a payment order can be enforced immediately. The payment can be retrieved from your Swiss debtor, or your debtor can be filed for bankruptcy. The purpose of the bankruptcy petition is to pressurise your debtor, so they pay the entire claim, including interest and costs.
If a debtor objects to an accelerated debt collection procedure, then the procedure is terminated. In that case, ordinary civil proceedings can be initiated instead.
Ordinary civil proceedings
The ordinary civil procedure can be used for disputed and undisputed claims. You will then have to present your case in the court in Switzerland (Friedensrichter), where a judgment will be made on the payment conflict. The disadvantage, however, is that this procedure is relatively expensive.
International debt collection laws in Switzerland
Regardless of where you and your debtor are located, our experts can help creditors with debt collection in Switzerland. If you and your debtor are both nationals of any member state of the European Union, the European Small Claims and European Order for Payment procedures are two legal possibilities that we can initiate on your behalf. Specific conditions apply, which is why it is best to contact our lawyers.
Debt collection enforcement in Switzerland
Once our lawyers have received a judgement against your Swiss debtor, the judgement will still have to be enforced. Under EU law, judgements obtained in an EU Member State are recognized in other EU countries as well. For the execution of a judgment from your country in Switzerland, your court will issue a certificate. This is then sent to the bailiff in Switzerland together with the judgment. The bailiff can then proceed to ensure that the debt collection judgement is enforced in Switzerland.
Requesting seize your debtors assets
If you have an outstanding claim, you can request to have your debtor’s assets seized on both movable and immovable property in Switzerland, as well as receivables and securities. This can only be done if legal proceedings to obtain an enforceable title have already been initiated.
Limitation period in Switzerland
An outstanding invoice cannot be collected forever. Once an invoice becomes time-barred, you cannot recover the unpaid amount through court intervention. That’s why it is important to know that payment claims in Switzerland have a limitation period of 3 years. This commences as soon as the claim us due and payable.
While a limitation period of 3 year applies to payment claims, claims under transport law have a limitation period of 1 year. Moreover, if you wish to interrupt the limitation period, this can be done with an official acknowledgment of the outstanding debt, an official declaration that the debtor is in default, or by initiating legal proceedings.
Why hire Bierens rather than a regular debt collection agency in Switzerland
- Highest collection rate throughout Switzerland
- Extensive measures to recover your debt in the extrajudicial and judicial phase
- No Cure No Pay debt collection in Switzerland
- Immediate action after uploading your claim
- 24/7 tracking of your case in our online portal
“Did you know that when litigating against foreign debtors, you should consider the competent court and applicable law?”
Start your debt collection in Switzerland today
Start your debt collection case in Switzerland today! While our international debt collection team gets started on your case, you can resume your regular business operations. Upload your case for immediate action or contact our experts today.