Loss certificate

If a claim cannot be (fully) brought in using the debt enforcement procedure, the foreclosure procedure ends with a certificate of loss. Swiss law makes a distinction Attachment loss certificates and Bankruptcy loss certificates. The claim, including interest and costs, is shown by means of a loss certificate and is therefore a Acknowledgment of debt in the sense of debt enforcement law This means that with the certificate of loss, the reported claim against the debtor can be asserted again at any time for 20 years in a new debt collection procedure. The certificate of loss will only be deleted after full payment has been made.

Overview of certificates of loss

  • The certificate of loss records the claim that could not be introduced in the foreclosure procedure.
  • The certificate of loss represents an acknowledgment of guilt within the meaning of Art. 82 SchKG and thus leads to the goal more quickly in foreclosure proceedings by removing a legal proposal through the certificate of loss by means of a provisional legal opening.
  • For six months, the garnishment can be resumed directly using the garnishment loss certificate without having to go through the usual debt enforcement procedure.
  • The loss certificate title can be sold and / or assigned to third parties.
  • When debt enforcement proceedings are initiated, the statute of limitations for a claim is interrupted and secured for the next 20 years by means of a loss certificate.
  • If the claim documented in the loss certificate has been paid in full or by means of a balance solution, the receipt will be returned to the debtor for deletion. The creditor acknowledges, the office deletes - the debtor must submit the application.

Loss certificate statute of limitations: when do loss certificates expire?

When the debt enforcement procedure is initiated, the Limitation of a claim interrupted. After the debtor has either acknowledged the claim or it has been determined by a court, the pursuit of the prosecution is continued at the request of the obligee. If the pursuit of attachment takes place, the debtor's assets are attached. If the debt enforcement office determines that the assets will not be sufficient to cover the claim, the deed of attachment is deemed to be provisional certificate of loss. This means that the obligee has the option of contesting assets with third parties that should have been foreclosed in principle but were withdrawn. The creditor also has the right to attach assets to assets.

Certificate of loss how next?

If the debtor's assets are insufficient, or not completely sufficient, to settle the obligee's claim, the attachment loss certificate will be issued after the end of the attachment year. This records the outstanding claim including interest and costs. This garnishment loss certificate entitles the holder to continue the prosecution within six months without the obligee having to endure the initiation procedure of the prosecution with the delivery of the payment order. At this point in time, the debtor is also not entitled to any legal remedy within the meaning of the legal proposal. In addition, a claim for loss certificates only expires after 20 years. The obligee is therefore entitled to initiate debt enforcement proceedings again during this time. If the debtor denies the claim in the new foreclosure proceedings, the obligee has the option of eliminating the legal proposal in the provisional legal proceedings. The certificate of loss as an acknowledgment of debt within the meaning of Art. 82 SchKG represents a legal opening title, which is why the debtor has only limited objections.

Deletion of certificates of loss

Only when the complete loss certificate claim has been repaid is this acknowledged and returned to the debtor. The debtor is thus entitled to the To have the loss certificate deleted against you. The entry of the debt enforcement agency is not automatically deleted. The decision as to whether the debt enforcement should be deleted is up to the obligee. In some cases, however, it forms part of a net solution in which the creditor is only satisfied with paying part of the claim.

If the debtor is subject to the pursuit of bankruptcy, after the bankruptcy has been carried out, natural persons become a Bankruptcy loss certificate issued if the assets are insufficient to cover the claims. If the debtor has recognized the claim in bankruptcy, the bankruptcy loss certificate also constitutes an acknowledgment of debt within the meaning of Art 82 SchKG. This means that the legal proposal can be eliminated in a new process by means of the provisional legal opening. In a new collection procedure, the debtor not only has the legal remedy of the legal proposal at his disposal, but also the objection that he has not acquired any new assets. Before the prosecution continues, the judge then checks whether the debtor has gained new assets or not. Once the new assets have been determined, the debt enforcement procedure continues as usual.

Sell ​​loss certificates in Switzerland to debt collection companies

Debt collection companies like die-inkasso.ch have specialized in managing loss certificates in Switzerland. For this purpose, the loss certificate claims are handed over to the collection agencies on a contractual basis, assigned or possibly sold.
The subject of the certificate of loss is complex, which is why you dieinkasso.ch will be happy to help and support you in asserting your claim.

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