Debt Collection Requests And Orders To Pay – A Possible Criminal Offence?

A debt collection request is a commonly used means for a creditor to interrupt the statute of limitations of a claim and begin debt recovery. However, the practicality and simplicity of these proceedings sometimes leads to abuse on the part of creditors.

In this framework, the Federal Supreme Court has lately issued decisions in which it confirmed its case law that a debt collection request and the resulting order to pay – though in and of themselves lawful instruments – can constitute a criminal offence under certain circumstances.

Launching debt collection proceedings: Debt collection request and order to pay

Under Swiss law, a creditor does not necessarily have to file a claim against a debtor before the civil courts to demand repayment of a debt. Instead, the creditor can simply file a debt collection request with the Debt Collection Office at the domicile of the debtor, which will then notify an "order to pay" to the latter. The debtor can declare his