The Debt Collection Notice is a crucial document in Swiss debt enforcement proceedings, used when formal action is required to recover unpaid debts. It represents the first official step in the Swiss debt collection process and must comply with the Federal Act on Debt Enforcement and Bankruptcy (SchKG). This document is typically used after informal collection attempts have failed, such as sending reminders or payment demands. The notice must be filed with the local debt collection office, which then serves it to the debtor. It contains essential information including creditor and debtor details, debt amount, interest calculations, and legal rights notices. The document triggers specific legal deadlines and can lead to further enforcement proceedings if the debtor fails to pay or object within the statutory timeframes. Its format and content are strictly regulated under Swiss law to ensure proper legal process and protect both creditor and debtor rights.
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1. Creditor Details: Full name and address of the creditor (person or entity demanding payment)
2. Debtor Details: Full name, address, and if available, date of birth of the debtor
3. Debt Amount: Principal amount owed, clearly stated in Swiss Francs
4. Interest Calculation: Applicable interest rate and calculation period, if interest is being claimed
5. Basis of Claim: Brief description of the reason for the debt (e.g., unpaid invoice, loan agreement)
6. Payment Deadline: Clear statement of the payment deadline (typically 20 days under Swiss law)
7. Legal Rights Notice: Mandatory information about the debtor's right to object (raise 'Rechtsvorschlag/Opposition') within 10 days
8. Payment Instructions: Details of how and where to make the payment
1. Supporting Documentation Reference: Reference to any attached supporting documents, used when the claim is based on specific contracts or invoices
2. Prior Correspondence: Reference to previous payment reminders or communications, included when there has been prior attempt to collect
3. Legal Representative Details: Details of the legal representative if the creditor is represented by a lawyer or collection agency
4. Currency Conversion: Include when the original debt was in a foreign currency, showing conversion to Swiss Francs
1. Statement of Account: Detailed breakdown of the debt amount, including any partial payments made
2. Copy of Original Invoice: Copy of the invoice or contract that gave rise to the debt
3. Payment History: Record of any previous payments or payment attempts
4. Power of Attorney: If applicable, document authorizing a representative to act on behalf of the creditor
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