Legal Insights & Current Topics

What to Do When Your Invoices Are Not Paid

How to professionally recover outstanding charges in Switzerland – with reminders, debt enforcement, and conciliation proceedings

You have delivered your service, issued the invoice, and still no payment arrives. This is not only frustrating but can quickly become a liquidity problem. The good news: in Switzerland, there are clear and proven steps to enforce claims. The key is to proceed in a structured manner and to secure evidence from the very beginning.

1) First check: Was the claim issued “correctly”?

Answer these questions before taking the next step:

  • Is the invoice correctly addressed (correct company/person, address)? 
  • Is it clearly described what you are charging for (service/delivery, period, quantity)? 
  • Has a payment deadline been set (e.g. 10/14/30 days) or agreed? 
  • Could there be objections (defects, “not delivered”, misunderstanding)? 

The better your starting position, the more likely debtors will pay, and the easier it becomes if you later need debt enforcement or conciliation.

2) First reminder (without drama)

Many late payments happen due to chaos, holidays, incorrect accounting, or “I’ll do it later”. That’s why a structured escalation plan in 2–3 stages is recommended:

Stage 1: Payment reminder (friendly)

  • Tone: short, factual, friendly 
  • Deadline: 7–14 days 
  • Content: reminder of the outstanding invoice, amount, due date, payment options 

Stage 2: Reminder (clear)

  • Tone: clear and compulsory 
  • Deadline: 7 days 
  • Content: notice that the debtor is in default; announcement of legal steps if not paid 

Stage 3: Final reminder (final)

  • Tone: very clear but professional 
  • Deadline: 5–10 days 
  • Content: “Without payment, I will initiate debt enforcement proceedings.” 

Important: Always send reminders in writing (email is often sufficient; for larger amounts additionally by letter). Keep proof of sending. The final reminder should ideally be sent via A+ or registered mail to prevent the debtor from claiming non-receipt.

Mini template “Final Reminder”

Subject: Final Reminder – Invoice No. XXX (CHF [amount]), deadline until [date]

Dear Sir or Madam,

Despite the reminder(s) dated [date], the amount of CHF [amount] remains outstanding. Please transfer the full amount by no later than [date]. Without receipt of payment, I will initiate debt enforcement proceedings.

Kind regards
[Name/Company]

3) Initiating debt enforcement: When reminders do not work

What is debt enforcement?

Debt enforcement is the official procedure to collect a monetary claim. You submit a debt enforcement request to the competent debt enforcement office. The debtor will then receive a payment order.

The authority does not check whether the claim is substantively correct, it acts upon request.

Where is the competent debt enforcement office?

Generally:

  • Private individual → at the debtor’s place of residence 
  • Company → at the company’s registered seat 

How to find the correct office:

  1. Use the online finder at Betreibungsschalter.ch 
  2. Alternatively: cantonal directories or the municipality website 
  3. If unsure: call the office, they will usually confirm jurisdiction 

What information is required for the request?

Minimum requirements:

  • Your details (creditor) 
  • Debtor’s details (name/company, address) 
  • Amount owed (CHF) 
  • Interest (rate + from date, if applicable) 
  • Reason for the claim (e.g. “Invoice no. … dated …”) 

Practical tip: Expect an objection (“Rechtsvorschlag”), this is very common. You will then need proper evidence.

4) What happens if the debtor files an objection?

If the debtor objects, the procedure is temporarily blocked. This does not mean you lose, but you must enforce your claim legally. Typical next steps:

  • Settlement (agreement/installments), often the fastest 
  • Setting aside the objection definitively via summary proceedings (if you have written proof/title) 
  • Ordinary court proceedings, preceded by conciliation 

5) Conciliation procedure: What is it and where does it take place?

What is a conciliation procedure?

It is an official attempt to resolve the dispute without court proceedings. A neutral authority (often a justice of the peace/conciliation authority) invites both parties, clarifies positions, and seeks a settlement.

Why it is helpful:

  • Faster and cheaper than court 
  • Many disputes are resolved at this stage 
  • If no agreement is reached, you receive authorization to proceed to court 

Where is the competent authority?

General rule: Usually at the debtor’s place of residence or business. Exceptions may apply (e.g. tenancy law, employment law).

How to find it:

  1. Search the canton’s website (“conciliation authority”, “justice of the peace”) 
  2. Many cantons provide lists and templates 

Further details can be found in our blog article on conciliation procedures.

6) What evidence do you need? (Often decisive for success)

If things escalate (objection, conciliation, court), evidence is crucial:

A) Claim basis

  • Offer / contract / order confirmation 
  • Invoice (date, deadline, amount, description) 
  • Terms & conditions (if relevant) 

B) Proof of performance

  • Delivery note / tracking / acceptance protocol 
  • Work reports / time sheets / approvals 
  • Emails like “received, thank you” 
  • Photos/screenshots (e.g. delivery links, logs, exports) 

C) Proof of default

  • Reminders (with dates) 
  • Debtor responses / payment promises 
  • Notes of calls (date, content, participants) 

Tip: After phone calls, send a short summary email: “Thank you for the call. As agreed, you will pay by …” This becomes valuable evidence later.

Conclusion

If you escalate professionally and calmly, your chances of getting paid increase significantly. The standard process is:

Reminder → Debt enforcement → (if disputed) Conciliation/Court

And most importantly:
Your evidence is your leverage. The better your documentation, the faster the other side will usually give in.