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Objection to a payment order (opposizione), in Italian (Switzerland)

Switzerland · in Italian · for debtors

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For debtors in Switzerland served with a payment order (precetto esecutivo), in Italian: you can object free of charge at once to the person delivering it, who notes it on the order, or within ten days at the debt collection office (Ufficio d’esecuzione), 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 and asks for the free certificate. Send it by registered post, handed to the post office by the tenth day.

  • Last updated November 4, 2026

Published byDocMuse

When to use this document

  • You received a payment order in Ticino for a debt you do not recognise.
  • The payment order claims more than you owe and you want to dispute only part of it.
  • You collected the payment order at the post office without objecting and want to do it in writing.
  • After a bankruptcy in Switzerland a payment order arrives for an old debt and you have no new assets.

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 Italian): 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 letter needed to oppose a precetto esecutivo in Ticino?
No. You can object free of charge at once 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). You need not give reasons (Art. 75 para. 1 DEBA). A letter serves as proof if you accepted the order without objecting there and then. In Ticino it goes to the Ufficio di esecuzione that issued the order.
From which day do the ten days for an opposizione run in Switzerland?
From 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 — seven days before and after Easter and Christmas, and 15 to 31 July — it runs to the third working day after them (Art. 56 no. 2 and 63 DEBA).
What if I dispute only part of the claim, or have had no new assets since a 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 dates from before, you must expressly state in the objection that you have not come into new assets, or that defence is treated as waived (Art. 75 para. 2 and Art. 265 DEBA); the letter has a field for it.
What follows an opposizione to a Swiss payment order?
The enforcement stops until the creditor has the objection removed: by the court, definitively on an enforceable decision or provisionally on a signed acknowledgement of debt (Art. 80 and 82 DEBA), or by a lawsuit, usually starting before the conciliation authority, and for public-law claims also in administrative proceedings (Art. 79 DEBA). After provisional removal you have twenty days to sue for a declaration that the debt is not owed (Art. 83 para. 2 DEBA). The creditor can request continuation within a year of service; the period pauses while the case runs (Art. 88 para. 2 DEBA).

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