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Expert Article
01 May 2026
Protection against unwarranted debt collection
In Switzerland, debt collection proceedings can be initiated without any proof of claim, leading to immediate and visible consequences in the debt enforcement register. Anyone who is unfairly subjected to debt collection has been able to apply for non-disclosure since 2019. As of January 1, 2026, this protection option has been expanded: the application period is now five years instead of the previous one year.
An article by Ferax from ExpertInfo, Issue 1 - 2026
What this is about
In Switzerland, debt collection proceedings can be initiated without the claim having to be proven beforehand. The mere delivery of a payment order creates an entry in the debt enforcement register that is visible to third parties – particularly banks, landlords, or business partners. This can lead to significant disadvantages for affected individuals in both their private and professional lives.
This systemic design of debt enforcement law means that collection proceedings can be initiated even without material justification or for extraneous motives. The legislator recognized this potential for abuse and therefore introduced targeted protective mechanisms to limit the consequences of obviously unjustified debt collection proceedings.
Since 2019, it has been possible to have unjustified debt collection entries hidden from third parties. This regulation was expanded and improved as of January 1, 2026.
Request for Non-Disclosure
If debt collection proceedings are unjustified, a request for non-disclosure can be submitted to the debt enforcement office. In such cases, the register entry will not be visible to third parties.
Such a request can be submitted no earlier than three months after the payment order is delivered. The request can now be submitted up to five years after delivery (previously one year). The creditor must prove that the claim was legitimately pursued. If this proof is not provided, the entry will be hidden from third parties.
No Non-Disclosure
Non-disclosure is excluded if the claim has been acknowledged or paid, particularly if:
- no objection was raised,
- the claim was fully paid, or
- an acknowledgement of debt was signed.
Practical Implications
The debt enforcement register extract plays an important role for both natural and legal persons in legal and business transactions. The extension of the application period to five years as of January 1, 2026, significantly improves legal protection against unjustified debt collection proceedings.
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