Action for denial of debt

After a creditor obtains provisional removal of the debtor’s objection, Swiss law gives the debtor a route to contest the claim in ordinary proceedings. The action for denial of debt seeks a judgment that the asserted debt does not exist or is not enforceable. If the debtor succeeds, enforcement cannot continue on that basis. The court examines the substantive relationship, including defences such as payment, set-off, invalidity or limitation. The action is time-sensitive and closely linked to the enforcement file.