ENTRUST YOUR OUTSTANDING RECEIVABLES IN SWITZERLAND TO INVENIUM
Swiss law provides for the possibility for the creditor to immediately request the competent enforcement office to initiate proceedings for the collection of a certain, liquid and due receivable by submitting a simple enforcement application and indicating a 20-day deadline to comply. Objection must be submitted within 10 days.
The organisation of the justice system differs according to the Canton. In certain cantons (Zurich, Bern, St Gallen, Aargau) there are courts specialised in commercial matters, the so-called: “Handelsgericht”.
The procedure, however, is the same for all Swiss courts, as established by the new Federal Procedure Code.
A dispute may be decided by means of a simplified procedure if the amount of the case is less than 30,000 CHF, or through normal legal proceedings that starts with an application (so-called Petition) filed with the competent Cantonal Court.
This petition must contain all the documents in possession of the creditor including: the application, the statement of the facts and an indication of evidence to which the applicant intends to make recourse. Under Art. 2 22 of the Civil Procedure Code, the court sets a deadline for the defendant to file a statement of defense, with which it must lodge all its defense arguments and any counterclaims.