Overview of the Company and the services :
Founded in 2004, Burkhalter & Associés Sàrl is active in commercial procedures, debtor management and debt collection through-out Switzerland but also in Europe and on occasions globally.
Today, Burkhalter & Associés has a varied clientele made up of commercial and industrial companies, banking establishments, as well as a large number of judicial officers, lawyers and private individuals.
As a legal service, all business entrusted to us is exclusively dealt with by experienced lawyers and legal experts.
Our policy is to put the our customers at the center of our concern. We customize the management of our files, to meet the the very high requirements of our clients.
Our fees are conditional, they are applied on the amout we have collected, according to the table below.
Debt collection in Switzerland :
Debt collection in Switzerland is possible on the basis of the Federal law on debt enforcement and bankruptcy (LP).
The function of judicial officers does not exist in Switzerland. This function is assumed by a state organisation called the Debt Collection and Bankruptcy Office (Betreibungsamt, Office des poursuites, Ufficio di execution). Seizure is in a way a State monopoly.
Although subject to a federal law, the organisation of debt collection offices is the jurisdiction of cantons. The latter are free to organise their territory into debt collection and bankruptcy.
The debt collection and bankruptcy office proceeds, at the creditor’s request, with all acts necessary for the forced enforcement of a debt.
Procedure in brief :
The Swiss procedure of forced enforcement starts with the notification of a payment order by the debt collection office of the debtor’s domicile.
If there is no objection to the payment order, the performance procedure takes its course, a seizure is carried out and its result obviously depends on the financial situation and in particular the revenue of the debtor. The share known as “seizable” is that which exceeds the amount of the debtor’s living wage, which is also calculated by the competent debt collection office.
It is also necessary to specify that the debt collection office has a duty to carry out a “universal” seizure concerning all assets, resources and revenue of the debtor whatever their nature and wherever located in Switzerland.
Finally, if at the end of a 12-month seizure period the debt in question is not fully repaid, the debt collection office issues a loss certificate (certificate of insolvency) which interrupts the prescription and allows access to a new seizure, for a 20 year period.
Let us specify again that if there is an objection to the payment order, the procedure is similar notwithstanding the need to have the objection dismissed by a legal event in other words that of a petition for court summons as withdrawal of objection.
Cost of a complete procedure:
The costs of a complete procedure are very difficult to estimate since they depend on the steps that will have to be taken.
The estimate cost for a procedure without a judicial act are as follows :
If a petition for court summons as withdrawal of objection is necessary (see above), the costs of the court depend on the cantons. Generally, they vary between CHF 800.-- to CHF 1'600.--. Urban cantons are the most expensive.
Judicially enforced receivership
If the creditor party has:
- A judicial act satisfying the conditions of the CL
- A notarial act satisfying the conditions of the CL
- An acknowledge of debts concluded under private agreement
- A loss certificate
A court summons procedure as a enforced receivership can be instituted.
This procedure allows the immediate seizure of personal property, including the debts or real property found in the debtor’s estate and having a sufficient link with Switzerland.
Once the enforced receivership granted by the judge, the procedure must then be validated by a standard debt collection procedure as set out previously.
The aim of this procedure is to safeguard the assets found in the estate of the prosecuted, thus preventing the latter from relinquishing them for the purposes of harming his creditors.
The costs of this procedure are the same as for withdrawal an objection, they vary between CHF 800.-- to CHF 1'600.-- according to the canton, urban cantons are the most expensive.