If the debtor does not act upon our intervention, or if it does not fulfil its payment commitments, and further opposes payment injunction, some legal procedure may be inevitable. As this is a important new stage of a more stringent nature, our advice will be based on a careful assessment of risks, chances and costs to be incurred. The available options will depend on whether the debtor is established in Switzerland or abroad.
Applies by Law in the case of a Swiss debtor having filed opposition against the payment injunction. The Conciliation procedure often results in a negotiated settlement (e.g. withdrawal of opposition, debt recognition payment undertaking and schedule, moratorium), and we deal with its enforcement.
Provisional setting aside of the opposition
Applies in the case of a Swiss debtor having filed opposition against the payment injunction, if there is a written debt recognition or a similar document. If the Claimant prevails and the opposition is set aside, the Debtor still has the possibility to file action for relief of debt within the given time limit. Failing such action, the opposition is set aside definitely and the payment injunction becomes enforceable.
Definite setting aside of the opposition
Applies in the case of a Swiss debtor having filed opposition against the payment injunction, if there is already an enforceable title (Swiss or foreign court decision, court transaction, arbitral award, enforceable public deed). The creditor shall file the enforceable title plus, in the case of a foreign court decision, the so-called Exequatur granting enforcement in Switzerland.
The procedure to be followed depends on the applicable law in each single jurisdiction. We act through our network of proven agents.
Special remedy against foreign debtors with assets in Switzerland such as Swiss bank accounts, merchandise in transit or on consignment, or a booth at BASELWORLD : These assets can be seized provisionally under certain conditions. If the motion is granted, the creditor must proceed within 10 days, without interruption, until the definite grant of an enforceable title, under pain of losing the benefit of the provisional seizure.
If provisional seizure proves eventually unjustified, creditor may be held responsible for ensuing damages, and the Judge may claim appropriate guarantees such as cash deposits. Our Legal Department examines your file, and advises on the appropriate course of action.