Prosecution law: I initiated a lawsuit when the debtor has already paid me back. How can I do this?

You have initiated legal proceedings, but your debtor has already reimbursed you? Lawrence explains how to end a debt collection procedure!

If the creditor has initiated proceedings, but the debtor has returned the amount demanded following receipt of the order to pay or following the release of the opposition, he will have to withdraw the proceedings with the competent authority. 

The creditor will have to send a handwritten document called a “counter-order” to the debt collection office. This document must contain the references of the proceedings and a clear statement that the amount due has been reimbursed or that an agreement has been reached between the creditor and the debtor.

The creditor may also request the cancellation of the proceedings. Otherwise, it will be included in the debtor’s solvency certificate for 5 years! If the debtor is looking for a home or a job, a debt record can be problematic.

For the cancellation procedure, the creditor will have to send a certificate to the Cantonal Debt Enforcement Office. 

Do you need help to fill out the counter-order or application for cancellation? Don’t panic: Lawrence will assist you in your legal steps!

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