The requisition to continue debt collection is an essential element of Swiss debt collection law, playing a central role in enforcing claims and protecting creditors’ rights. In a country where the legal system values both predictability and efficiency, the requisition to continue debt collection is an indispensable tool for creditors seeking to recover outstanding debts.
A requisition to continue debt collection proceedings is a formal request made by a creditor to continue debt collection proceedings against a debtor after certain preliminary steps, such as formal notice and attempted conciliation, have been unsuccessfully completed. This requisition must be made in accordance with the Federal Debt Collection and Bankruptcy Act (LP), and follows the official announcement of the commencement of debt collection proceedings. The requisition thus serves to activate the next stage of the process, enabling the creditor to assert his rights more thoroughly.
The aim of the requisition to continue proceedings is to ensure that the creditor has access to the legal means necessary to collect the debt owed. In a complex legal system where the interests of creditors and debtors must be balanced, the requisition serves as a regulatory mechanism, ensuring that the lawsuit does not stagnate. It represents a key step, enabling the creditor to move the case forward if the debtor fails to meet his or her obligations, while respecting the debtor’s legal rights and protections.
The requisition to continue proceedings under Swiss law cannot be fully understood without examining its relationship with other key elements of debt collection law, notably opposition, discharge and other aspects of the collection procedure.
Opposition is a mechanism by which the debtor can contest a debt collection action. After receiving a summons to pay, the debtor has 10 days to lodge an opposition. If an opposition is raised, the creditor must then file a requisition to continue the pursuit to move the process forward. This step generally requires obtaining an enforceable decision proving the validity of the claim. In this way, the opposition and the requisition to continue legal proceedings are closely linked, with one often triggering the other as part of the collection procedure.
The mainlevée, on the other hand, is a procedure whereby the creditor asks for the debtor’s opposition to be lifted. There are two main types of release: provisional and final. Provisional release can be requested when the creditor holds a release deed, while final release requires a court decision. The requisition to continue proceedings is closely linked to the release, as it enables the creditor to progress in the collection procedure despite the opposition, by working in parallel or consecutively with the release.
Other aspects of debt collection law may also interact with the requisition to continue the proceedings. For example, rules concerning the seizure and realization of the debtor’s assets, bankruptcy, and conciliation are all linked to the requisition and can influence its course and outcome.
One of the most basic conditions for formulating a requisition to continue proceedings is the existence of an established and due claim. The creditor must have a clearly defined and due claim against the debtor. This claim must be sufficiently documented, usually by means of a written contract, IOU, unpaid invoice or similar evidence. Without this well-founded claim, the requisition would not be justified and could be rejected by the competent authorities.
In addition, the requisition to continue proceedings requires that the preliminary stages of the collection procedure have been properly carried out. This includes the formal notice, the conciliation attempt, and the obtaining of an enforceable decision if necessary. Each step must be carried out in accordance with the rules and deadlines laid down by law, as any deviation could result in delays or even cancellation of the requisition.
The procedure for formulating the requisition to continue the proceedings itself must also be carefully followed. The requisition must be filed with the relevant debt-collection office and must contain all the information required by law, including details of the claim, the identity of the debtor, and references to the preliminary stages of the proceedings. The associated fees must also be paid, and the requisition must be filed within the prescribed time limit, often within 10 days of receipt of the notice of opposition or enforceable decision.
The procedure for filing a requisition to continue debt collection in Switzerland is guided by a series of rigorous rules and deadlines, reflecting the importance attached to regularity and fairness in the collection process.
Firstly, it should be noted that the requisition to continue proceedings must be filed with the competent debt collection office. Jurisdiction is generally determined by the debtor’s place of residence or registered office. Choosing the right office is crucial, as an error at this stage can lead to the rejection of the requisition or to unnecessary delays.
As far as the content of the requisition is concerned, it must be formulated with care and precision, clearly indicating essential information such as the identity of the creditor and debtor, the amount of the claim, and any relevant references to the preliminary stages of the collection procedure. It is also imperative to provide all the necessary supporting documents, such as a copy of the enforceable decision or debt deed.
Deadlines play a fundamental role in the procedure for requisitioning a continuation of the lawsuit. Generally speaking, the requisition must be filed within a specific period after receipt of the notice of opposition or the enforceable decision, often within 10 days. If this deadline is not met, the requisition may be rejected, and the creditor may lose his right to continue the proceedings.
Finally, it should not be forgotten that the requisition to continue the lawsuit is also subject to fees which must be paid at the time of filing. These fees are set according to a schedule established by law and must be paid for the requisition to be accepted. Failure to pay these fees within the prescribed time may also result in rejection of the requisition.