Unpaid invoice or debt — Switzerland: how to get paid

The steps to recover a sum owed in Switzerland

In Switzerland, the recovery of monetary debts is governed by a single, nationwide federal statute: the Federal Act on Debt Enforcement and Bankruptcy (German: Bundesgesetz über Schuldbetreibung und Konkurs, SchKG; French: LP; Italian: LEF), enacted on 11 April 1889 and regularly amended. The insolvency law of Switzerland is principally codified in the Federal Statute on Debt Enforcement and Bankruptcy (SchKG/LP/LEF). There is no direct equivalent to the French "injonction de payer" in Swiss law. Instead, Switzerland has its own unique, highly formalised debt enforcement system that applies uniformly across all 26 cantons, regardless of the amount owed.

The procedure is structured in four distinct stages, each of which must be completed before the next can begin:

1. Amicable reminder — informal written demands for payment
2. Formal notice of default (mise en demeure) — a legally significant step that triggers default interest
3. Debt enforcement request (Betreibungsbegehren) — filed at the local Debt Collection Office (Betreibungsamt / Office des poursuites)
4. Continuation of proceedings — seizure of assets or bankruptcy, depending on the debtor's legal status

The enforcement procedure is uniform throughout Switzerland, but the language used may vary depending on the Canton. Proceedings can only be initiated against a debtor domiciled or established in Switzerland. Means of redress in Switzerland do not allow for initiating debt enforcement proceedings against debtors in foreign countries; companies dealing with bad payers in foreign countries must use the means of redress of the country in question.

Official resources:

• ch.ch — Debt enforcement: official guide
• kmu.admin.ch — Requesting debt enforcement
• admin.ch — Full text of the SchKG (DEBA)

The amicable reminder

Before initiating any formal procedure, you should always attempt to resolve the matter amicably. While not legally required as a precondition to enforcement, a documented reminder is good practice and can serve as evidence of the debt's existence and the debtor's awareness of it.

What to send

• A clear, written reminder referencing the invoice number, date, amount due, and original due date
• A specific new payment deadline (e.g. 10 days from receipt of the reminder)
• A statement that you will initiate formal enforcement proceedings if payment is not received
• Your bank account details (IBAN) for payment

Practical tips

• Send reminders by registered post with acknowledgement of receipt (lettre recommandée avec accusé de réception) or by email with a read receipt, to create a verifiable paper trail
• A standard practice is to send two or three reminders at increasing levels of urgency before escalating
• Under Art. 27 III SchKG, costs for third-party collection cannot be charged to the debtor. Keep this in mind when considering the use of a collection agency
• Keep copies of all correspondence — these will be useful if legal proceedings become necessary

The formal notice of default (mise en demeure)

The formal notice of default (Mahnung / mise en demeure) is a legally significant document under Swiss law. A debtor defaults if it does not fulfil its obligations within the specified time although performance is still possible (Art. 102(1) CO). The obligation's due date is usually determined by the contract; if the parties have not agreed on a specific due date, the creditor must formally remind the debtor of its obligation.

What it must contain

• Full identification of both parties (creditor and debtor): names, addresses, and if applicable, company registration numbers
• Precise identification of the debt: invoice number(s), date(s), description of goods or services, and the exact amount claimed in Swiss Francs (CHF)
• The original due date of the invoice or contractual obligation
• A final payment deadline, typically 10 to 15 days from the date of the notice
• A claim for default interest at the statutory rate of 5% per annum from the date of default (Art. 104(1) CO), unless a higher rate has been contractually agreed
• An explicit warning that, absent payment by the stated deadline, you will initiate formal debt enforcement proceedings under the SchKG without further notice
• Date, place, and handwritten or electronic signature of the creditor or their authorised representative

Legal effect: default interest

Articles 73 and 104 of the Federal Code of Obligations provide that interest amounting to at least 5% of the debt is due from the due date of the invoice or the date of the payment request (Mahnung/Mise en demeure). This consequence does not require fault on the part of the debtor or proof of damage by the creditor. If the contract specifies a higher rate, that higher rate prevails. This interest must be claimed explicitly in your notice of default and in your subsequent Betreibungsbegehren.

The formal enforcement procedure (Betreibung) — Switzerland's equivalent of a payment order

The procedure for recovering debts of money under Swiss law is unusual in that forced execution is possible based simply on claims from the alleged creditor, without the need to present documentary evidence. This is the key advantage of the Swiss system: there is no need for a court judgment before initiating enforcement. Any creditor — individual or company — can file directly at the local Debt Collection Office.

Step 1 — File the Betreibungsbegehren (debt enforcement request)

The debt collection process starts with the submission of a debt collection request, known as "Betreibungsbegehren," to the Debt Collection Office at the place of enforcement, as stipulated in Article 46ss of the SchKG. The request must include the debtor's name and address, the debt's value in Swiss Francs, the reason for the debt, and any accrued interest.

To find the competent office among the roughly 400–700 Betreibungsämter across Switzerland:

• betreibungsschalter.ch — Find your local Betreibungsamt
• EasyGov.swiss — Submit the Betreibungsbegehren online (for businesses)

The creditor can file the debt collection request themselves, or a third party commissioned by them, such as a debt collection agency or a lawyer. No documentary evidence needs to be submitted at this stage.

Step 2 — The Zahlungsbefehl (summons for payment / payment order)

The summons for payment ("Zahlungsbefehl" / "commandement de payer" / "precetto esecutivo") requests the debtor to pay the debt specified together with debt enforcement costs. The summons for payment is issued on the instructions of the creditor; no verification is made that the debt claimed is genuine. The debtor then has 20 days from service to pay.

Step 3 — What if the debtor objects? (Rechtsvorschlag)

If the debtor wishes to contest all or part of the debt, they must do so immediately by declaring their objection directly to the person serving the summons for payment, or verbally or in writing within 10 days of service at the debt enforcement office that issued the summons ("Rechtsvorschlag" / "opposition" / "opposizione").

If the debtor files a Rechtsvorschlag, enforcement is suspended and the creditor must go to court to have it lifted (Rechtsöffnung / mainlevée). There are three routes:

The notion of acknowledgement of debt is not specifically defined in the law. Case law has defined it as a private or authenticated deed, signed by the debtor or their representative, which reflects their unconditional and unreserved intention to pay the creditor a specified, or easily determinable and due, sum of money. An invoice signed by the debtor without reservation or condition satisfies the requirements of Art. 82 SchKG.

Step 4 — Continuation of proceedings (Betreibungsfortsetzung)

Once the payment order is no longer contested, the creditor requests continuation of proceedings. The Betreibungsamt then proceeds with either:

• Seizure of assets (Pfändung): for private individuals and sole traders not registered in the Commercial Register — the bailiff seizes income and/or assets, typically over a 12-month period
• Bankruptcy proceedings (Konkurs): for companies and individuals registered in the Commercial Register — the court opens bankruptcy proceedings, assets are liquidated, and creditors are ranked

If the debtor cannot pay in full, the creditor receives a certificate of loss (Verlustschein), acknowledging the unpaid portion. This document remains valid for 20 years, enabling future enforcement attempts if the debtor's financial situation improves.

Costs and timelines

Costs

As the creditor, you must pay the costs of the various stages in the debt enforcement process in advance. If your claim proves to be justified, the debtor will be ordered to reimburse the costs later. The debt enforcement costs are the same throughout Switzerland, but they vary according to the amount of the debt claimed.

Tip: You can obtain an indication of whether the debtor will be able to pay by requesting an extract from the debt enforcement register (Betreibungsregisterauszug). This is a low-cost preliminary step that can save significant time and money if the debtor is clearly insolvent.

Timelines

There are no minimum or maximum debt thresholds to use the SchKG procedure. It applies to all monetary claims, from a CHF 50 invoice to a multi-million franc debt.

FAQ

Do I need a lawyer to initiate debt enforcement in Switzerland?

No. A lawyer is not required to file a Betreibungsbegehren or to conduct the early stages of the SchKG procedure. The creditor can file the debt collection request themselves, or a third party commissioned by them, such as a debt collection agency or a lawyer. The form is standardised and submission can be done in person, by post, or online via EasyGov.swiss. However, legal assistance is strongly recommended as soon as the debtor files a Rechtsvorschlag — because Rechtsöffnung proceedings and civil actions involve procedural and evidentiary rules where errors can be costly and delay recovery by months or years.

What if the debtor raises a Rechtsvorschlag without any real justification?

Under Swiss law, no justification is required to file a Rechtsvorschlag — the debtor's mere declaration suspends enforcement. In practice, using a lawyer is highly recommended at all stages because debts are frequently questioned without any justification being required. If you hold a signed acknowledgement of debt (a signed invoice, a written promise to pay, a bank statement confirming the debt, etc.), you can apply to the court for a provisional lifting (provisorische Rechtsöffnung) under Art. 82 SchKG — faster and cheaper than a full civil action. If you already hold an enforceable judgment, you can seek a definitive lifting (definitive Rechtsöffnung). If you hold no such document, a full civil claim before the ordinary courts is required.

What is the statutory default interest rate for unpaid invoices in Switzerland?

Articles 73 and 104 of the Code of Obligations provide that interest amounting to at least 5% per annum is due from the due date of the invoice or the date of the formal payment request (Mahnung/Mise en demeure). This consequence does not require fault on the part of the debtor or proof of damage by the creditor. The interest runs from the date of default (the contractually agreed due date, or the date of the formal notice if no due date was fixed). Parties may contractually agree to a higher rate. This interest must be explicitly stated in your Betreibungsbegehren to be included in the enforcement proceedings.

Can I enforce a foreign court judgment or unpaid invoice against a debtor in Switzerland?

Yes, but additional steps are required. If the judgment or arbitration award was rendered abroad, a preliminary exequatur procedure may be necessary for the judgment to be enforceable in Switzerland. Switzerland is party to the Lugano Convention (with EU and EFTA states), which provides a streamlined recognition and enforcement process for foreign judgments. For judgments from countries not covered by the Lugano Convention or a bilateral treaty, recognition is governed by the Swiss Private International Law Act (PILA). If you hold only an unpaid foreign invoice — without a court judgment — you can still file a Betreibungsbegehren in Switzerland, provided the debtor has a domicile or establishment there, but you will likely need to obtain a Swiss court ruling on the merits before enforcement can progress past an objection. Legal advice from a Swiss-qualified lawyer is essential in all cross-border cases.