Dr. Fassbender Rechtsanwälte | Zwangsvollstreckung Schweiz

Termination of
the debt collection by withdrawal

18 Aug Termination of the debt collection by withdrawal

Each debt collection action is recorded in the so-called Betreibungsregister to the respective debtor is noted. The amount of the debt pursued, the creditor and the status of the proceedings are displayed.

The debt collection register is kept at the registered office of legal entities and at the place of residence of natural persons. Since there is no nationwide debt collection register, in the case of persons who move frequently, an extract from the debt collection register must be ordered for each individual place of residence in order to obtain a comprehensive overview of the debtor.

If the debtor raises a legal objection to the debt collection proceedings (similar to an objection, which initially blocks the attachment) or makes a payment, this is noted in the debt collection register. Even if the debt pursued is paid in full, only a corresponding note is made in the register and no deletion of the debt collection entry. Many debtors assume and expect this in ignorance of the legal situation. But for third parties, the information about the debt collection carried out is important, even if ultimately a payment was made by the debtor. Thus, the entry is still visible for 5 years.

The case is different, if the creditor does not accept the initiated debt collection. withdraws. The creditor may notify the debt collection office of this in writing at any time, unless the garnishment year was triggered by the creditor and is still ongoing. The creditor does not have to give any reasons for the withdrawal to the debt collection office. The legal consequence of the withdrawal is then the complete deletion of the debt collection entry in the debt collection register. The debt collection office may charge a fee for the deletion due to withdrawal according to the GebV SchKG, whereby the fees vary from debt collection office to debt collection office. Currently, the fee is around CHF 20. Quite a few creditors who withdraw the justified debt collection at the request of the debtor charge the debtor compensation for the expenses they incur as a result.

(Excerpt in part from BG dated 19.09.2016, 5A_172/2016)

 

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