Loss certificate claim
According to the Swiss Federal Act on Debt Collection and Bankruptcy of April 11, 1889 (SchKG), a loss certificate claim is the result of a completely or partially unsuccessful execution of attachment following a collection of attachment or bankruptcy (bankruptcy collection). The debt enforcement office (in the event of an unsuccessful attachment) or the bankruptcy court will issue the certificate of loss as soon as the amount of the loss has been determined. Those who are entered in the commercial register are subject to bankruptcy proceedings (Art. 39 DEBA).
On the one hand, the certificate of loss counts as an acknowledgment of guilt if the claim has been recognized by the debtor, and on the other hand as proof of the loss suffered in enforcement proceedings and represents a so-called 'objective criminal liability condition' for certain offenses under criminal law, i.e. In other words, some debt enforcement offenses can only be punished if a certificate of loss has been issued (e.g. Art. 163, 164 or 169 StGB). The debtor can again question the legality of the debt in the event of a later pursuit of this same claim, i.e. In other words , no ' res iudicata ' is created (no objection to the condemned matter).
A certificate of loss expires after 20 years. During this time, enforcement can be initiated again for the original claim. If this happens in the first six months after the initial receipt of the deed, the creditor can submit a request for continuation directly , which shortens the procedure. The statute of limitations was introduced with the major DEBA revision, which came into force on January 1, 1997. All loss certificates that were issued before January 1, 1997 do not expire until January 1, 2017.
For the debtor, the loss certificate has the advantage that he does not have to pay any interest for the notarized claim.
In the event of a bankruptcy , after receipt of the certificate of loss, a new debt enforcement can only be initiated if the debtor has in the meantime gained new assets. New assets also include values that the debtor has at his disposal.
A certificate of loss entitles u. a. for arrest for the claim for loss certificates (Art. 271 Para. 1 Clause 5 DEBA), but not for other claims.
A certificate of loss can be sold. However, the debtor retains all of the objections he has already been able to raise against the original creditor.
literature
- Kurt Ammonn / Fridolin Walther: Outline of Debt Enforcement and Bankruptcy Law, 9th edition, Bern 2013, pp. 295 ff. And 455 ff.
