A client hasn't paid your invoice – despite a reminder, despite your patience. What now? The Swiss debt collection system offers you clear, effective tools: from a simple payment reminder all the way to official enforcement proceedings via the debt enforcement office (Betreibungsamt). Knowing the process protects your liquidity and prevents costly bad debts.
This article explains the complete path from a missing payment to a formal payment order – including deadlines, costs, and practical templates.
Prevention: What you can do before problems arise
The best strategy against unpaid invoices is prevention. The following measures significantly reduce the risk of bad debts:
- Define payment terms clearly: State a specific date on every invoice ("payable by 30 June 2026"), not just "30 days net".
- Credit check for new clients: For larger orders, it is worth checking the debt register (costs approx. CHF 17 at the local Betreibungsamt).
- Request a deposit: For projects over CHF 5,000, a deposit of 30–50% is standard practice – and protects you in the event of non-payment.
- General Terms and Conditions (GTC): Clearly worded payment terms in your GTC are legally binding.
- Announce reminder fees: Inform clients in your GTC or on the invoice that you charge reminder fees (CHF 20–50 per reminder) and default interest in the event of late payment.
The statutory default interest rate in Switzerland is 5% per annum (CO Art. 104). It accrues from the moment the debtor is in default – generally after the payment deadline has passed or after a reminder with a set deadline.
First reminder: Friendly and clear
The first reminder is often simply a courtesy notice – sometimes an invoice is genuinely forgotten. Write factually, without accusations, but unambiguously:
"Dear Sir or Madam, according to our records, the amount of CHF [X] from invoice no. [Y] dated [date] with a payment deadline of [date] remains outstanding. We kindly ask you to transfer the outstanding amount by [new date, 10–14 days]. If payment has already been made, please disregard this notice."
Key points for the first reminder:
- State the invoice number and date clearly
- Specify the outstanding amount
- Set a new, concrete payment deadline (10–14 days)
- Include your bank details again
- Maintain a friendly tone – mistakes can happen
Second reminder: Firmer approach
If nothing has happened after the first reminder, the second reminder follows – with clearer language and an announcement of next steps:
"By letter dated [date of 1st reminder], we reminded you of the outstanding payment of CHF [X]. As this payment has not yet been received, we hereby request you for the final time to settle the amount by no later than [date, 7–10 days]. Failure to pay will leave us no choice but to initiate enforcement proceedings, which will incur additional costs for you."
In the second reminder, set a clear, short deadline (7–10 days). This deadline is the basis from which you can claim default interest. Keep all reminders as evidence – in writing or as an email with a read receipt.
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Filing an enforcement request
If the debtor has still not responded after the second reminder, it is time for the official enforcement proceedings. These are governed by the Federal Act on Debt Enforcement and Bankruptcy (SchKG, SR 281.1) and are handled by the competent debt enforcement office (Betreibungsamt).
How the enforcement process works:
File an enforcement request (Betreibungsbegehren)
You submit an enforcement request to the debt enforcement office at the debtor's place of residence or registered address – not your own. The form is available online or at the office. You provide: the debtor's name and address, the exact amount claimed (including interest), and the basis of the claim.
Payment order is served
The debt enforcement office serves the debtor with a payment order (Zahlungsbefehl). This document requires the debtor to pay the claim within 20 days or to raise an objection (Rechtsvorschlag) within 10 days.
Payment or objection
There are now two possibilities: the debtor pays (proceedings concluded), or they raise an objection (Rechtsvorschlag). In the second case, the proceedings are temporarily blocked – you must take further steps to pursue your claim.
Finding the competent debt enforcement office
The competent debt enforcement office is determined by the debtor's place of residence or registered business address. For private individuals: the municipality of residence. For companies: the registered business address. You can find the relevant office at betreibung.ch or via the cantonal supervisory authorities.
Payment order and objection
The payment order (Zahlungsbefehl) is an official document issued by the debt enforcement office. It states the exact amount claimed, the payment deadline (20 days), and information about the debtor's right to raise an objection.
What is an objection (Rechtsvorschlag)?
The objection (Rechtsvorschlag) is the debtor's right to contest the claim. It must be submitted to the debt enforcement office within 10 days of receiving the payment order – either verbally or in writing. The debtor does not need to provide reasons.
If you do not challenge the objection within a certain period, the right to continue the enforcement proceedings expires. The limitation period for enforcement proceedings is 1 year from the date the payment order was served.
After the objection: What next?
If the debtor has raised an objection, you have two options:
Option 1: Lifting of the objection (Rechtsöffnung) – the simpler route with clear evidence
If you hold an enforceable title (e.g. a signed acknowledgement of debt, a court judgement, or an undisputed written agreement), you can apply to the competent court for what is known as provisional or definitive lifting of the objection (provisorische oder definitive Rechtsöffnung). The court then sets aside the objection without the need for ordinary court proceedings.
Option 2: Ordinary court proceedings
Without an enforceable title, you must bring your claim before the courts in ordinary civil proceedings. The court then decides on the claim. If you obtain a favourable judgement, you can continue the enforcement proceedings. This route is more costly and time-consuming (months to years), but is sometimes unavoidable for large or disputed claims.
For claims below CHF 2,000, court proceedings are often not economically viable – legal and court fees can easily exceed the amount claimed. Realistically consider whether an out-of-court settlement or a write-off may be the better option.
Costs of debt collection
Enforcement fees (SchKG tariff)
Claims up to CHF 5,000: CHF 70. Claims CHF 5,001–50,000: CHF 70 + 0.5% of the amount exceeding CHF 5,000. Claims over CHF 50,000: CHF 295 + 0.25% of the amount exceeding CHF 50,000. These costs can be charged to the debtor if the enforcement is successful. Source: SchKG Fee Ordinance (GebV SchKG).
Reminder fees (under private law)
The law does not prescribe a minimum reminder fee. However, you may include reminder fees of CHF 20–50 per reminder in your GTC – provided you have informed the client accordingly. Default interest: 5% p.a. by statute (CO Art. 104), contractually agreeable up to 12%.
Debt register extract
Before accepting large orders, you can check a client's creditworthiness at the debt enforcement office at their place of residence. Companies typically obtain the client's consent for this, or it is agreed upon as part of a contract. The extract is valid for 30 days.
Checklist: What must appear on your invoice
For an invoice to be legally sound in the event of a collection dispute, it must include the following details:
- Your full name / company name and address
- Client's name and address
- Unique invoice number
- Invoice date
- Clear payment deadline (specific date, not just "30 days")
- Description of the service or goods (what was delivered or performed?)
- Amount net and gross (if VAT-registered: VAT breakdown with rate and UID number)
- Bank details / IBAN
- For QR invoices: correct QR code
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Common mistakes in debt collection
- Not setting a deadline: A reminder without a clear payment date is legally weaker. Always state a specific deadline.
- Waiting too long: Many business owners wait months before sending a reminder. The longer a claim remains outstanding, the more difficult collection becomes.
- Wrong debt enforcement office: The request must be directed to the office at the debtor's place of residence or registered address – not the office in your own municipality.
- Unclear claim description: The enforcement request must describe the claim clearly and comprehensibly. Vague information leads to delays.
- Confusing private individuals and companies: For natural persons, enforcement leads to wage or asset attachment (Pfändung); for companies, bankruptcy proceedings are possible. This results in different procedures.
Sources
- SchKG – Federal Act on Debt Enforcement and Bankruptcy: Fedlex – SchKG (SR 281.1)
- GebV SchKG – Fee Ordinance: Fedlex – GebV SchKG
- Default interest (CO Art. 104): Fedlex – CO
- Find a debt enforcement office: betreibung.ch
- SME portal – receivables management: kmu.admin.ch