Removal of the objection

If the debtor objects, you must obtain a court order removing the objection (Removal) to the summons for payment in order to request the continuation of the debt enforcement proceeding with The Debt Enforcement Office (art. 80 et seq of the DEBA (Federal Act on Debt Enforcement and Bankruptcy)

Step 1 : Bring a case before the court

You must submit your application to the Court of First Instance in writing by post or by delivering it directly to the court desk or to the greffe universel, in duplicate. It must be written in French and signed.

Vous pouvez utiliser le formulaire disponible sur le site du Pouvoir judiciaire: 

Removal of the objection form
 

What information do you need to provide?

• The summons for payment (front and back)
• The removal of objection order, i.e. the document proving that the objection to the summons for payment should be removed: an acknowledgement of debt, a judgment or an administrative decision. The signed contract is another example of a deed for removal.
• Any other document you deem useful
   

If you have an acknowledgement of debt (e.g. A acknowledges in writing that she/he owes B the sum of CHF 10'000.-), you will request a provisional removal of the objection.

If you have a judgment (the judge has already ordered A to pay B the sum of CHF 10'000.-), an administrative decision or an authentic deed, you may request an order for the final removal of the objection.

Subject to appeal, definitive removal of the objection allows the objection to be removed definitively, unlike provisional removal, which is a temporary procedure that still allows the debtor to contest the claim in a subsequent proceeding.

You can act alone or seek the assistance of a solicitor.

Further information about the debt enforcement proceedure

Step 2 : pay an advance on costs

You are required to pay an advance on costs. The amount may vary from CHF 40.- to CHF 4'000.-, depending on the value in dispute (amount of the claim).

If you do not have sufficient resources to defend your interests, you can apply for legal aid.

Step 3 : Investigation of the proceeding

The court will apply the summary proceeding.

The court has the option of conducting oral or written proceedings.

If it opts for an oral proceeding, the court will send your application for removal to the opposing party and summon you all to appear.

This hearing is open to the public. The court will hear several cases at the same hearing, which will be dealt with one after the other. At the end of the hearing, the court will keep your case for judgement.

If the court opts for a written proceeding, it will send your application for removal to the other party and set a deadline to respond in writing. It will then issue its judgement.

Step 4 : End of the proceeding

The judge's decision will be sent to you by post, if necessary via your legal representative (solicitor or legal aid service).

• If the removal is accepted: you can request that the Debt enforcement proceedings be continued with the debt enforcement Office, which may lead to seizure or bankruptcy proceedings depending on the type of Debt enforcement proceedings.
   
• If the removal is refused: the proceedings remain suspended. As a creditor, you can then bring an action for acknowledgement of debt before the Civil Court to enforce your claim.

To understand the next steps in the debt enforcement proceeding, you can consult the page Comprendre la procédure de poursuite | ge.ch or contact a legal advice service.

Fees for removal of objection proceedings in francs

Fees for removal of objection proceedings in francs

The costs of removal of objection proceedings vary greatly.

In general, more than 90% of proceedings cost less than CHF 1'000.-, and more than 80% of proceedings at first instance cost less than CHF 300.- (compared with around 70% at second instance).

Depending on the course of the proceeding and the outcome of the dispute, the costs of the proceeding set by the court may sometimes be lower or higher than the indicated range (CHF 40.- to CHF 2'500.).

For example, if a claim has been declared inadmissible, the court may set lower costs. It should be noted that the amounts shown here relate only to legal costs associated with provisional and final removal  proceedings.

More information about the costs of a civil proceeding

The duration of a removal proceeding is generally short.

• More than 90% of proceedings are completed within 6 months of the application being filed at first instance.

 At second instance, the situation is the same, with more than 95% of proceedings completed within 6 months.