Debt enforcement and bankruptcy law : How do I strike out a debt proceeding against me? 

You are or were indebted to a sum of money. It was set against you by a payment summons from your creditor. This is a common and delicate situation, because having a lawsuit listed on one’s solvency certificate can be compromising, especially if one is looking to rent accommodation or find a job. 

Lawrence will tell you how to have it deleted from the records! 

Let’s consider three cases: 

  1. You have opposed your payment summons and your creditor has not relaunched the proceedings within a 1-year period. You can go to the Cantonal Prosecution Office to request the cancellation of the claim against you. This procedure costs CHF 40. 
  2. You’ve either paid off the debt or reached an agreement with your creditor:
    You can ask him to provide a certificate of proceeding withdrawal to the Cantonal Prosecution Office. It will be removed. However, he may refuse to do so. 
  3. If you are not part of the first two cases, you will only be able to request the cancellation of your lawsuit 5 years after the repayment of the debt. Indeed, it is the expiration date that claims have at the debt collection office . 

If you can prove that the debt never existed, or that it was not due when the payment summons was received, you can appeal to a competent civil court. 

Lawrence will help you get out of trouble by assisting you in your legal procedures with the debt enforcement office!

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