The Debt Collection Letter is a crucial document in the Swiss debt recovery process, governed by the Federal Act on Debt Enforcement and Bankruptcy (DEBA) and related regulations. It is typically used when informal payment reminders have been unsuccessful and the creditor wishes to initiate formal collection proceedings. The document must contain specific elements required by Swiss law, including precise identification of the parties, exact debt amount, payment terms, and consequences of non-payment. This letter often precedes the formal debt enforcement proceedings through the Swiss Debt Collection Office (Betreibungsamt) and may be used as evidence in legal proceedings. The format and content must comply with Swiss legal requirements to ensure its validity and effectiveness in the debt collection process.
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1. Sender Details: Full legal name, address, and contact information of the creditor or collecting agency
2. Recipient Details: Full legal name and address of the debtor
3. Date and Reference Number: Current date and unique reference number for the debt collection case
4. Subject Line: Clear indication that this is a debt collection notice (e.g., 'Final Notice for Payment of Outstanding Debt')
5. Debt Details: Precise amount owed, original due date, and basis for the debt (e.g., unpaid invoice number)
6. Payment Instructions: Clear payment deadline, accepted payment methods, and bank account details
7. Legal Notice: Statement about legal consequences if payment is not received by the deadline
8. Signature Block: Signature of authorized representative, including name and title
1. Interest Calculation: Include when charging default interest, showing calculation method and period
2. Payment History: Include when there have been partial payments or previous collection attempts
3. Settlement Offer: Include when offering a settlement amount or payment plan option
4. Prior Communications: Reference to previous reminders or communications when this is not the first notice
5. Power of Attorney: Include when the letter is sent by a representative acting on behalf of the creditor
1. Original Invoice: Copy of the original invoice or contract establishing the debt
2. Statement of Account: Detailed breakdown of the debt, including any interest and fees
3. Payment Slip: Swiss payment slip (QR-bill) for facilitating payment
4. Prior Correspondence: Copies of previous payment demands or relevant correspondence
5. Supporting Documentation: Any additional documents proving the validity of the debt
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