The request to continue debt collection, or “réquisition de continuer la poursuite,” is a fundamental component of debt enforcement law in Switzerland. It plays a central role in the realization of claims and the protection of creditors’ rights. In a legal system that values predictability and efficiency, the request to continue debt collection is an indispensable tool for creditors seeking to recover outstanding debts.
The request to continue debt collection is a formal demand made by a creditor to proceed with the recovery process against a debtor after preliminary steps, such as a formal notice and conciliation attempt, have failed. This request must be made in accordance with the Federal Debt Collection and Bankruptcy Act (LP) and follows the official announcement of the initiation of enforcement proceedings. The request thus activates the next stage of the process, allowing the creditor to assert their rights more forcefully.
The purpose of the request to continue debt collection is to ensure that the creditor has access to the necessary legal means to recover the owed debt. 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 enforcement process does not stall. It represents a key step, enabling the creditor to advance the case if the debtor fails to meet their obligations while respecting the legal rights and protections afforded to the debtor.
Relation to other elements of debt enforcement law
The request to continue debt collection in Swiss law cannot be fully understood without examining its relationship with other key elements of debt enforcement law, particularly opposition, debt release, and other aspects of the recovery process.
Opposition is a mechanism by which the debtor can contest an enforcement action. After receiving a payment order, the debtor has 10 days to file an opposition. If an opposition is raised, the creditor must then submit a request to continue debt collection to advance the process. This step usually requires obtaining an enforceable decision proving the validity of the claim. Thus, opposition and the request to continue debt collection are closely linked, with one often triggering the other in the recovery process.
Debt Release is a procedure through which the creditor seeks to lift the opposition made by the debtor. There are two main types of debt release: provisional and definitive. Provisional debt release can be requested when the creditor holds a title of debt, while definitive debt release requires a judicial decision. The request to continue debt collection is closely related to debt release, as it allows the creditor to progress in the recovery process despite the opposition, working either parallelly or consecutively with the debt release procedure.
Other aspects of debt enforcement law also interact with the request to continue debt collection. For instance, rules regarding the seizure and liquidation of the debtor’s assets, bankruptcy, and conciliation all relate to the request and can influence its progression and outcome.
Conditions for submitting a request to continue debt collection
One of the most basic conditions for submitting a request to continue debt collection 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 well-documented, typically through a written contract, an acknowledgment of debt, an unpaid invoice, or other similar evidence. Without this foundational claim, the request would be unjustified and could be rejected by the competent authorities.
Additionally, the request to continue debt collection requires that the preliminary steps of the recovery process have been properly executed. This includes issuing a formal notice, attempting conciliation, and obtaining an enforceable decision if necessary. Each step must be carried out in accordance with the rules and deadlines prescribed by law, as any deviation could lead to delays or even the nullification of the request.
The procedure for submitting the request to continue debt collection itself must also be carefully followed. The request must be filed with the competent debt enforcement office and must contain all the information required by law, including details of the claim, the debtor’s identity, and references to the preliminary steps of the enforcement process. The associated fees must also be paid, and the request must be submitted within the prescribed deadline, often within 10 days of receiving the notice of opposition or the enforceable decision.
Procedure and deadlines
The procedure for filing a request to continue debt collection 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 is important to note that the request to continue debt collection must be filed with the competent debt enforcement office. Competence is generally determined by the debtor’s place of residence or business. Choosing the correct office is crucial, as a mistake at this stage can result in the rejection of the request or unnecessary delays.
Regarding the content of the request, it must be carefully and precisely formulated, clearly indicating essential information such as the creditor’s and debtor’s identities, the amount of the claim, and any relevant references to the preliminary steps of the recovery process. 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 for requesting to continue debt collection. Generally, the request must be filed within a specific period after receiving the notice of opposition or the enforceable decision, often within 10 days. If this deadline is not met, the request may be rejected, and the creditor may lose the right to proceed with the process.
Finally, it should not be forgotten that the request to continue debt collection 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 paid for the request to be accepted. Failure to pay these fees within the prescribed deadlines can also result in the rejection of the request.
The request to continue debt collection in Switzerland is a critical procedure that balances the rights of creditors and debtors. Understanding the conditions, procedures, and deadlines associated with this request is essential for effectively navigating the debt recovery process. Both creditors and debtors must be aware of their rights and obligations to protect their interests within the legal framework of Swiss debt enforcement.
