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When doing business in Switzerland one will sooner or later come across the Debt Enforcement Register ("Betreibungsregister", "registre des poursuites", "registro delle esecuzioni").
The Register
The Register records all formal debt enforcement proceedings initiated against inpiduals or legal entities in Switzerland. An entry is created upon filing of the enforcement request. At this stage the claim does not need to be proven, and, as a result, even unfounded or abusive claims can be entered in the register. On the other hand, the debtor may effortlessly dispute the claim by filing a simple objection1. However, the objection does not yet lead to deletion of the entry and even after full payment the entry will not be automatically deleted. This would require a written request from the creditor, who is not legally obliged to do so. The entry of the debt enforcement proceedings will be deleted five years after its completion, even if the proceedings end with a certificate of loss2.
Its implications
Extracts are routinely requested by financial institutions, landlords and real estate agents, business partners, and even potential employers. Obviously, any entry may raise concerns regarding reliability and solvency, regardless of whether the claim is justified, disputed, or successfully repelled. Anyone who can credibly demonstrate an interest, such as connection with the conclusion or performance of a contract, may obtain extracts about third parties.
The offices shall not provide third parties with information:
- If debt enforcement proceedings have been legally repealed;
- If the creditor has withdrawn the debt enforcement proceedings;
- If, on the debtor's request, he has filed an objection and the creditor has not taken further steps for three months.
The debtor is therefore required to take action if he wishes to have an entry deleted before the expiry of the five-year period.
Conclusion
An entry in the Debt Enforcement Register can cause a material legal and commercial risk. Understanding how entries arise helps interpret them correctly, and can prevent lasting reputational and economic consequences. Also, it is crucial to have entries removed from public view that are unjustified or after the claim has been settled.
Footnotes
1. See: Michael Bosshard, "The attachment of assets in Switzerland of a foreign debtor, Chapter Swiss debt enforcement law in a nutshell", in: GGI FYI DCRI No 18 August 2025.
2. While the certificate of loss itself remains valid for 20 years.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
