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Objection to a payment order (opposition), in French (Switzerland)
Switzerland · in French · for debtors
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For debtors in Switzerland served with a payment order (commandement de payer), in French: you can object free of charge at once to the person handing over the payment order, who notes it on the order, or within ten days at the debt collection office, orally at the counter or in writing; no reasons are needed (Art. 74 and 75 DEBA). This letter is the written route with proof, in the office's official language: it objects to the whole claim or an exact part of it and asks for the free certificate. Send it registered, handed to the post office by the tenth day.
- Made for use in Switzerland
- Last updated November 4, 2026
Published byDocMuse
When to use this document
- The debt collection office in Switzerland served you a payment order for money you do not owe.
- You owe only part of the amount claimed in the payment order.
- You accepted the payment order at the door without objecting and still want to oppose it.
- You want to object in writing in French and keep proof that you did so.
What you fill in
The details the document asks for.
- Debtor
- Debtor's address
- Debt collection office (name as on the payment order)
- Debt collection office's address (as on the payment order)
- City
- Date
- Enforcement number (on the payment order)
- Creditor
- Date the payment order was served
- Scope of the objection (in French): the whole claim or part of it
- Amount disputed (only for a partial objection)
- Further statement (optional, e.g. that you deny having come into new assets)
Common questions
- Is a written letter necessary to oppose a commandement de payer?
- No. You can object free of charge straight away to the person handing you the payment order — orally, or by having it noted on the order — or within ten days at the debt collection office, orally at the counter or in writing (Art. 74 para. 1 DEBA). No reasons are needed (Art. 75 para. 1 DEBA). A letter serves as proof when you took the payment order without objecting on the spot.
- How is the ten-day period for an opposition counted in Switzerland?
- The ten days start on the day after the payment order is served. If the last day is a Saturday, Sunday or recognised public holiday, the period ends on the next working day (Art. 31 DEBA, Art. 142 para. 3 CPC). Handing the letter to Swiss Post on the last day is enough (Art. 143 para. 1 CPC). If the period ends during the enforcement holidays around Easter or Christmas, or from 15 to 31 July, it runs to the third working day after them (Art. 63 DEBA).
- What if I dispute only part of the sum, or deny having come into new assets after bankruptcy?
- If you dispute only part, you must state the disputed amount exactly; otherwise the whole claim counts as disputed (Art. 74 para. 2 DEBA). After a partial objection the offices accept no request for non-disclosure. If you were declared bankrupt and the claim is older than the bankruptcy, you must expressly deny in the objection that you have returned to better fortune, or lose that defence (Art. 75 para. 2 and Art. 265 DEBA); the letter has a field for it.
- What follows once I have filed an opposition in Switzerland?
- The enforcement stops until the creditor has the objection set aside: by mainlevée from the court, definitive with an enforceable decision, provisional with a signed acknowledgement of debt (Art. 80 and 82 DEBA), or by a lawsuit, usually starting with the conciliation authority, and for a public-law claim also in administrative proceedings (Art. 79 DEBA). The creditor can request continuation until a year after service; the period does not run during such proceedings (Art. 88 para. 2 DEBA). After an objection to the whole claim you can ask for non-disclosure from three months after service (Art. 8a para. 3 let. d DEBA).
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