The request to continue pursuit is an essential element of debt collection law in Switzerland, playing a central role in the realization of claims and the protection of creditors’ rights. In a country where the legal system values both predictability and efficiency, the request to continue pursuit is an indispensable tool for creditors seeking to recover outstanding debts.
The request to continue pursuit is a formal demand made by a creditor to continue the recovery procedure against a debtor after certain preliminary steps, such as the notice of default and the attempt at conciliation, have been completed unsuccessfully. This demand must be made in accordance with the Federal Act on Debt Collection and Bankruptcy (FDCB), and it follows the official announcement of the commencement of the pursuit. The request thus serves to activate the next stage of the process, allowing the creditor to assert their rights more thoroughly.
The aim of the request to continue pursuit is to ensure that the creditor has access to the necessary legal means to recover the debt owed. In a complex legal system where the interests of creditors and debtors must be balanced, the request serves as a regulatory mechanism, ensuring that the pursuit procedure does not stagnate. It represents a key step, allowing the creditor to advance the case if the debtor does not fulfill their obligations, while respecting the rights and legal protections granted to the debtor.
Relation with other elements of debt collection law
The request to continue pursuit in Swiss law cannot be fully understood without examining its relationship with other key elements of debt collection law, particularly opposition, debt release, and other aspects of the recovery procedure.
Opposition is a mechanism by which the debtor can contest a pursuit. After receiving a payment order, the debtor has a 10-day period to file an opposition. If an opposition is raised, the creditor must then file a request to continue pursuit to advance the process. This step generally requires obtaining an enforceable decision proving the validity of the claim. Thus, opposition and the request to continue pursuit are closely linked, with one often triggering the other in the context of the recovery procedure.
Debt release, on the other hand, is a procedure by which the creditor requests the lifting of the debtor’s opposition. There are two main types of debt release: provisional and definitive. A provisional release can be requested when the creditor holds a release title, while a definitive release requires a judicial decision. The request to continue pursuit is closely related to the debt release, as it allows the creditor to progress in the recovery procedure despite the opposition, working in parallel or consecutively to the debt release.
Other aspects of debt collection law may also interact with the request to continue pursuit. For instance, rules regarding the seizure and realization of the debtor’s assets, bankruptcy, and conciliation are all linked to the request and can influence its course and outcome.
Necessary conditions for formulating a request to continue pursuit
One of the most basic conditions for formulating a request to continue pursuit concerns 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 through a written contract, debt acknowledgment, unpaid invoice, or other similar proofs. Without this founded claim, the request would not be justified and could be rejected by the competent authorities.
Furthermore, the request to continue pursuit requires that the preliminary steps of the recovery procedure have been correctly executed. This includes the notice of default, the attempt at conciliation, and the obtaining of an enforceable decision if necessary. Each step must be conducted in accordance with the rules and deadlines prescribed by law, as any deviation could lead to delays or even the cancellation of the request.
The procedure for formulating the request to continue pursuit itself must also be carefully followed. The request must be filed with the competent 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 pursuit. The associated fees must also be paid, and the request must be filed within the prescribed deadline, often within 10 days following the receipt of the opposition notice or the enforceable decision.
Procedure and deadlines
The procedure for filing a request to continue pursuit in Switzerland is guided by a series of strict rules and deadlines, reflecting the importance placed on regularity and fairness in the recovery process.
Firstly, it should be noted that the request to continue pursuit must be filed with the competent debt collection office. Competence is generally determined by the residence or the seat of the debtor. Choosing the correct office is crucial, as an error at this stage can lead to a rejection of the request or unnecessary delays.
Regarding the content of the request, 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 reference to the preliminary stages of the recovery procedure. It is also imperative to provide all necessary supporting documents, such as a copy of the enforceable decision or the debt title.
Deadlines play a fundamental role in the procedure of the request to continue pursuit. Generally, the request must be filed within a specific period after the receipt of the opposition notice or the enforceable decision, often within 10 days. If this deadline is not met, the request can be rejected, and the creditor may lose their right to continue the procedure.
Lastly, it should not be forgotten that the request to continue pursuit is also subject to fees that must be paid at the time of filing. These fees are set according to a scale established by law and must be settled for the request to be accepted. Non-payment of these fees within the prescribed deadlines can also result in the rejection of the request.