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Collection Agency Demand Letter for Switzerland

Collection Agency Demand Letter Template for Switzerland

A formal debt collection demand letter compliant with Swiss federal debt collection laws (SchKG) and related regulations. This document serves as an official notice to a debtor regarding outstanding payment obligations and represents a crucial step in the Swiss debt collection process. The letter includes mandatory elements such as precise debt details, payment instructions, and legal warnings, while adhering to Swiss data protection requirements and fair debt collection practices. It establishes the collection agency's authority to pursue the debt and outlines the consequences of non-payment under Swiss law.

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What is a Collection Agency Demand Letter?

The Collection Agency Demand Letter is a critical document in the Swiss debt collection process, used when standard invoicing and payment reminder procedures have been exhausted. This document must strictly comply with the Swiss Federal Act on Debt Collection and Bankruptcy (SchKG) and related regulations, including data protection laws and fair business practice requirements. It serves as a formal notification before initiating legal debt collection proceedings through the Swiss debt collection office (Betreibungsamt/Office des poursuites). The letter must contain specific elements including clear identification of all parties, precise debt details, payment instructions, and legal warnings. It's typically used when a collection agency has either been assigned to collect the debt on behalf of the original creditor or has purchased the debt outright. The document's format and content are influenced by Swiss legal requirements for debt collection communications and must be available in the official languages of the relevant Swiss canton.

What sections should be included in a Collection Agency Demand Letter?

1. Letterhead and Date: Collection agency's official letterhead including registration details, complete contact information, and current date

2. Recipient Details: Debtor's full name and current address, presented in the proper Swiss address format

3. Subject Line: Clear indication that this is a formal debt collection notice (e.g., 'Official Payment Demand Notice / Zahlungsaufforderung')

4. Debt Details: Specific information about the outstanding debt including original creditor, invoice numbers, dates, and exact amount owed with currency

5. Legal Basis: Reference to the legal basis for the claim and the agency's authority to collect

6. Payment Instructions: Clear payment details including deadline, bank account information, and reference number

7. Consequences Statement: Information about potential legal actions if payment is not received by the deadline

8. Contact Information: Specific details about how and when to contact the collection agency with questions

9. Signature Block: Official signature from authorized representative of the collection agency

What sections are optional to include in a Collection Agency Demand Letter?

1. Previous Communications: Reference to prior attempts to collect the debt, used when there is a documented history of payment requests

2. Payment Plan Options: Offered when the agency is authorized to negotiate payment arrangements

3. Dispute Rights: Detailed information about the debtor's right to dispute the claim, included when required by specific circumstances or debt type

4. Interest Calculation: Breakdown of interest charges and calculations, included when interest is being claimed

5. Original Creditor Statement: Detailed information about the debt transfer from original creditor, included when the debt has been assigned or sold

What schedules should be included in a Collection Agency Demand Letter?

1. Original Invoice Copy: Copy of the original invoice(s) or contract creating the debt obligation

2. Statement of Account: Detailed breakdown of the debt, including principal, interest, and any fees

3. Payment History: Record of any previous payments made and remaining balance

4. Power of Attorney: Documentation proving the collection agency's authority to act on behalf of the original creditor

5. Debt Assignment Documentation: If applicable, documentation showing the legal transfer of the debt to the collection agency

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Switzerland

Publisher

Genie AI

Cost

Free to use

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