Dr. Fassbender Rechtsanwälte | Zwangsvollstreckung Schweiz

Proof of service of the document instituting the proceedings in the case of enforcement notices

Proof of service of the document instituting the proceedings in the case of enforcement notices

In the case of German enforcement notices, the Swiss court must be provided with proof of proper service of the order for payment on the debtor. The service of the previous order for payment noted on the enforcement notices is only prima facie evidence, which the debtor can refute by submitting an extract from the civil register. In addition to the service of the order for payment certified by the court (without which no enforcement order would have been issued), the only evidence is the check at the relevant residents' registration office as to whether the debtor actually resided at the specified address at the specified time.

Andere Themen:

In principle, any claim in Switzerland can be submitted to debt collection (enforcement). This is comparable to the initiation of a dunning procedure in Germany...

Contrary to various statements to the contrary that can be found on the Internet, enforceable decisions of German courts on child support, spousal support or alimony are in principle enforceable in Switzerland under the so-called Lugano Convention (Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters), Art. 32 et seq.

The right of third parties to inspect the debt collection register of Betreibung Schweiz expires 5 years after the end of the debt collection proceedings...