Continuation request

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The continuation request is made by the obligee in order to continue the pursuit of attachment (or ordinary bankruptcy) against a debtor.

A request for continuation is only possible if the procedure has not been halted by a pending legal proposal or a judicial decision.

As a consequence, the seizure is initiated.

The request for continuation can be made no earlier than 20 days after delivery of the payment order by the debt enforcement office and no later than one year afterwards. A request for continuation submitted too early will only take effect when the order for payment becomes final. For the expiry of the right to submit the request for continuation, the standstill during the legal proposal is not counted.

In the case of an enforcement on the realization of a pledge, instead of the request for continuation, the application for realization is made immediately and in the case of a bill of exchange the application for bankruptcy is made directly .

swell

  1. Hunziker / Pellascio, 103
  2. Hunziker / Pellascio, 101

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