The attachment of assets in Switzerland of a foreign debtor

Swiss debt enforcement in a nutshell

Swiss debt enforcement begins with a simple notification to the local debt enforcement office, which issues a payment order without checking the claims validity. The debtor has 10 days to object, also without having to justify or provide evidence. In these cases, the creditor must prove the claim in court. Without an enforceable title (judgment or a signed acknowledgment of debt), civil or administrative proceedings are necessary. If the court upholds the claim, the objection is lifted and enforcement proceeds. If the debtor is listed in the commercial register, bankruptcy proceedings are initiated; otherwise, individual assets may be seized.

Attachment

An attachment is a precautionary measure to secure assets for later enforcement. It is granted by a competent court on request of a creditor (without prior hearing of the debtor) to prevent the concealment of assets. The court only requires prima facie evidence, and the debtor may only file an opposition against the attachment order. The order is executed by the debt enforcement office, and the debtor is barred from disposing of attached assets. Attachments only apply to assets located in Switzerland, not abroad. The creditor must then initiate proceedings on the claim without delay.

Attachment of assets held in Switzerland by a foreign debtor 

(Art. 271(1)(4) Swiss Debt Enforcement and Bankruptcy Act)

If the debtor resides abroad (regardless of their nationality), and no other attachment ground applies[1], assets in Switzerland may still be attached if the claim is based on an acknowledgment of debt, or if the claim has a sufficient connection to Switzerland. Jurisdiction lies with the court where the assets are located. The notion of “sufficient connection” is applied generously and in favour of creditors. Examples include: the creditor’s domicile is in Switzerland; the debtor operates in Switzerland; the claim is linked via private international law; or the assets were transferred to Switzerland to hinder creditors.

What creditors should consider

In all cases, foreign creditors should establish a service address in Switzerland. Given the strict formalities and tight deadlines of Swiss enforcement law, securing the services of local legal specialists is highly recommended.

[1]      The debtor has no fixed domicile; the debtor, with the intention of evading their obligations, hides their assets, flees or makes preparations to flee; the debtor is passing through or belongs to the category of persons who visit fairs and markets, for claims which by their nature must be fulfilled immediately; the creditor holds a provisional or definitive loss certificate against the debtor; the creditor holds a title for the definitive setting aside of the objection to the payment order against the debtor.

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Michael Bosshard, Partner at Bratschi Ltd. since 2025, is specialised in energy law with years of experience as inhouse legal counsel. He also covers contract, enforcement, corporate, and administrative law.