Dr. Fassbender Rechtsanwälte | Zwangsvollstreckung Schweiz

Deletion from the debt collection register

Deletion from the debt collection register

The right of third parties to inspect the debt collection register for Debt Collection Switzerland expires 5 years after the conclusion of the debt collection proceedings. Third parties will no longer be provided with information about incidents that occurred more than 5 years ago. On the other hand, during this 5-year period, paid debt collection cases (those terminated by settlement of the claim) continue to appear in the debt collection register. Therefore, if an excerpt from the debt collection register is requested, debt collection proceedings against a debtor from the last 5 years are visible. There is no "paid is considered deleted" principle, at least within the first 5 years. (No deletion in the debt collection register)

The background for this regulation is that

  • on the one hand, the official acts recorded in the register are intended to protect all potential creditors of a debtor who has already been operated in the past
  • on the other hand, the fact of having been "operated" may have negative effects on the debtor. Hence the limitation to 5 years.

Nevertheless, if there is a consensus between the former debtor and the debtor, the debt enforcement office can be requested to delete the debt. In some cases, this request is granted for a fee. However, there are very different procedures from one debt collection office to another and from one canton to another.

Loosely based on: Cantonal case law, Solothurn supervisory authority, published in Blätter für Schuldbetreibung und Konkurs, April 2016 (deletion from the debt collection register).

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