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Objection to a payment order (Rechtsvorschlag), in German (Switzerland)
Switzerland · in German · for debtors
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Made for use in Switzerland
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For debtors in Switzerland served with a payment order (Zahlungsbefehl), in German: you can object free of charge at once to the person delivering 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 by registered post, 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
- You received a payment order in Switzerland although you owe nothing.
- The postman handed you a payment order and you did not object on the spot.
- You owe only part of the amount the creditor in Switzerland is claiming.
- You want to object in writing to the debt collection office and keep proof.
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: 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
- Do I need a letter to object to a Swiss payment order?
- No. You can object free of charge at once to the person delivering the payment order — orally, or by having it noted on the payment 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 when you accepted the payment order without objecting there and then.
- How do I count the ten days for a Rechtsvorschlag 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, Christmas or from 15 to 31 July, it runs to the third working day after them (Art. 63 DEBA).
- What if I owe only part of the claim, or have no 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 dates from before, you must expressly deny in the objection that you have come into new assets, or lose that defence (Art. 75 para. 2 and Art. 265 DEBA); the letter has a field for it.
- What happens after a Rechtsvorschlag in Switzerland?
- The enforcement stops until the creditor has the objection removed: by Rechtsöffnung 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 public-law claims also in administrative proceedings (Art. 79 DEBA). The creditor can request continuation until a year after service; the period pauses while such proceedings run (Art. 88 para. 2 DEBA). After an objection to the whole claim you can ask, from three months after service, that it no longer be disclosed to third parties (Art. 8a para. 3 let. d DEBA).
How you can sign this document
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Related documents
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For creditors in Switzerland, private persons and businesses, in German: asks the debtor one last time to pay a due claim by a date, states the reason, the amount, the account and 5 % default interest (Art. 104 CO), and announces the request for debt enforcement (Betreibungsbegehren) otherwise. You then file that request on the debt collection office's form or online through EasyGov.swiss; this letter does not replace it. Send it by registered post and keep a copy.
- Objection to a payment order (opposition), in French (Switzerland)
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For debtors in Switzerland who objected (Rechtsvorschlag) to the whole claim, in German: asks the debt collection office under Art. 8a para. 3 let. d DEBA to stop disclosing the enforcement to third parties, at the earliest three months after the payment order was served. The office gives the creditor 20 days to prove proceedings to remove the objection. The flat fee of CHF 40.00 is owed even if the request fails (Art. 12b of the fees ordinance). The Federal Office of Justice's model form is free. Sent by registered post to the office that issued the payment order, in its official language.
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For debtors in Switzerland who objected (opposition) to the whole claim, in French: asks the debt collection office (office des poursuites) under Art. 8a para. 3 let. d DEBA to stop disclosing the enforcement to third parties, at the earliest three months after the payment order was served. The office gives the creditor 20 days to prove proceedings to set the objection aside. The flat fee of CHF 40.00 is owed even if the request fails (Art. 12b of the fees ordinance). The Federal Office of Justice's model form is free. Sent by registered post to the office that issued the payment order, in its official language.
- Request that a debt enforcement not be disclosed, in Italian (Switzerland)
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