Lexipedia

Action for recognition of debt

An action for recognition of debt is a lawsuit by which a creditor seeks a judgment confirming a disputed claim in debt enforcement.

In Swiss debt enforcement, a debtor’s objection prevents the creditor from continuing. If the creditor lacks a suitable title for summary removal of the objection, it may bring an ordinary action seeking recognition of the debt. A successful judgment establishes the claim for enforcement purposes and allows the creditor to proceed. The action concerns the underlying substantive claim, so defences such as payment, invalidity or limitation may be examined by the court.

Action for recognition of debt | Lexipedia