An unpaid invoice does not always mean that a customer refuses to pay. The invoice may have reached the wrong person, the customer may dispute part of the work, or their business may have run out of cash. Your first job is to work out which situation you face.
This guide explains how to recover an unpaid invoice in Switzerland, from a practical reminder to debt enforcement, with letter templates, costs and deadlines. A payment order does not prove that the debt exists: if the customer objects, your evidence becomes decisive.
Key points
- Check the correct debtor, the agreed work, the amount outstanding and when payment became due.
- Swiss law does not generally require three reminders before starting debt enforcement.
- Registered post is useful evidence for a formal demand, but it is not a universal legal requirement.
- After service of a payment order, the debtor generally has 10 days to object and 20 days to pay.
- A signed acknowledgement of debt may support provisional removal of an objection. An enforceable judgment supports definitive removal.
- Winning a claim and actually collecting the money are different things: assess the customer’s solvency and your recovery costs.
Before chasing payment: check the invoice and the evidence
Gather the accepted quotation or contract, order confirmation, relevant emails, delivery notes or proof of work, invoice, payments already received and any objections. Keep these documents together, with a clear timeline.
Check who owes the money. If you contracted with an LLC, the debtor is normally the company, not its managing director. For a sole proprietorship, it is the individual proprietor. A trading name alone may not identify the correct party.
Is an invoice automatically due after 30 days?
No. The payment deadline comes first from the agreement between the parties. A deadline printed on an invoice does not, by itself, prove that the customer accepted it. If no date was agreed and the nature of the obligation does not imply a deadline, Article 75 of the Swiss Code of Obligations generally allows immediate performance.
Keep two questions separate: is payment due, and is the customer in default? Default determines, among other things, when default interest can start. We explain the distinction below.
What if the customer disputes the invoice?
Ask which work or amount is disputed and why. Reply with the relevant evidence instead of simply resending the same reminder.
For example, a customer disputes CHF 1,500 of extras on an CHF 8,000 invoice. Find the accepted additional order, explain the work and request the undisputed balance. Make clear that accepting a partial payment does not waive the remaining claim.
Which action should you take first?
| Situation | Useful first action |
|---|---|
| Invoice overlooked or sent to the wrong person | Send it to the person who approves payment and agree a payment date. |
| Work or price disputed | Identify the disputed items and compare them with the agreed scope and proof of performance. |
| Debt accepted but customer short of cash | Assess a written instalment plan and whether the customer can realistically keep it. |
| No answer despite clear evidence | Send a formal demand and set a recovery budget before escalating. |
| Customer already bankrupt | Check the bankruptcy notice and file your claim with the bankruptcy office. |
Start with a clear payment reminder
A useful reminder gives the invoice number, amount outstanding, agreed due date, payment details and a specific next step. Attach the invoice. Check for a missing purchase-order number, an incorrect address or an internal approval delay.
Payment reminder template
Subject: Invoice [number] — CHF [amount] outstanding
Hello [name],
Unless our records are incomplete, invoice [number], due on [date], remains unpaid. A copy is attached.
Please arrange payment of CHF [amount] by [date] to [account/IBAN], quoting [reference], and confirm the payment date.
If you have already paid, please send us the payment details so that we can reconcile our records. If you dispute an item, please identify it and explain the reason.
Kind regards, [name and company]
Choose a reasonable deadline for the situation. The suggested wording does not create a statutory reminder period.
You can prepare invoices and follow up outstanding balances with our free invoicing software.
Call the customer and confirm the agreement in writing
A short call may resolve a blocked payment faster than a string of emails. Afterwards, confirm who will pay, how much and on what date.
There is no general rule requiring three reminders before Swiss debt enforcement. However, respect any reminder procedure you agreed in the contract.
If you accept instalments, record the total debt, each amount and payment date, any agreed interest, and what happens if an instalment is missed. For a substantial balance, obtain a properly drafted acknowledgement of debt rather than relying on an informal promise.
Send a formal demand and calculate default interest
A formal demand, or mise en demeure, clearly asks the customer to pay a debt that is due. Under Article 102 of the Code of Obligations, a demand is normally needed to put the debtor in default. If the parties agreed a fixed payment date, default may arise when that date passes without a further demand.
Do not confuse an agreed payment date with a date you added unilaterally to the invoice. Keep evidence of the demand’s contents and receipt. Registered post can help, although it is not mandatory in every case.
When can you charge 5% interest?
The statutory default-interest rate is generally 5% per year under Article 104 CO, subject to the applicable contractual and legal rules. It runs from default, not automatically from the invoice date.
On CHF 12,000, 5% equals CHF 600 for a full year. Calculate a proportionate amount for a shorter period and reduce the principal when a partial payment is received.
Reminder charges and collection fees are not automatically payable merely because a collection agency lists them. Check the contractual or legal basis and, where relevant, the additional loss you can establish.
Formal demand template
Subject: Formal demand — invoice [number]
Dear [name],
Invoice [number] dated [date] concerns [goods or services], with payment due on [agreed date]. After taking account of payments received, CHF [amount] remains outstanding.
We formally request payment of this amount by [final deadline] to [IBAN], quoting [reference]. A copy of the invoice is attached.
We also claim statutory default interest of 5% per year from [correct default date], where applicable.
If payment is not received within this period, we intend to commence debt enforcement with the competent Swiss debt enforcement office.
Kind regards, [name and company]
Adapt the interest date to the actual circumstances. If default arises from receipt of the demand, do not backdate it to the invoice date. If you grant an additional payment period, make the wording and the claimed start date consistent.
Start Swiss debt enforcement: the payment order
Submit a debt enforcement request, known as a réquisition de poursuite, to the competent debt enforcement office. This is normally the office at the debtor’s residence or registered office, although special rules can apply.
Give the creditor’s and debtor’s correct details, the amount, any interest and its start date, and the reason for the debt. You do not generally need a lawyer to submit the request, but inaccurate details can cause delays. The procedure must not be used to assert a claim you know does not exist.
The office serves a payment order (commandement de payer). It does not decide at this stage whether your claim is justified.
The two deadlines the debtor needs to understand
| Deadline after service | What it means |
|---|---|
| 10 days | The debtor may lodge an objection. Reasons are generally not required. An objection stops enforcement for the disputed amount. |
| 20 days | The payment period stated in the payment order. Once the relevant conditions are met, the creditor may request continuation. |
If there is no objection and no payment, the office does not automatically continue the case. You must request the next step. If an objection is lodged, you first need to overcome it through the appropriate legal route.
The customer objects: which procedure comes next?
An objection blocks enforcement, but it does not decide who is right. The procedure for removing it depends on the evidence you hold. In French, removal of an objection is called mainlevée.
You already have an enforceable judgment
An enforceable judgment or another qualifying enforcement title may support definitive removal of the objection. The court checks the applicable conditions and any permitted defences.
You have a signed acknowledgement of debt
A signed acknowledgement may support provisional removal of the objection. Some signed contracts can also qualify when the necessary conditions, including evidence of your performance, are met.
A private signature does not turn this into definitive removal. Following provisional removal, the debtor generally has 20 days to bring an action seeking release from the debt.
You only have an invoice and correspondence
An invoice alone is not necessarily an acknowledgement of debt suitable for provisional removal. You may need an ordinary action asking the court to recognise the debt, order payment and remove the objection.
The procedure depends on the claim’s nature and value. A conciliation stage is often required, subject to exceptions. This is where an organised file of accepted orders, delivery evidence and correspondence pays off.
| Main evidence | Route to consider |
|---|---|
| Enforceable judgment or equivalent title | Definitive removal of the objection. |
| Qualifying signed acknowledgement of debt | Provisional removal of the objection. |
| Invoice, emails and evidence of the work, without a qualifying title | An action on the underlying claim, with a request to remove the objection. |
Can the debtor hide an enforcement entry from third parties?
Under Article 8a of the Debt Enforcement and Bankruptcy Act, a debtor who has objected can, after three months, request that the enforcement no longer be disclosed to third parties. The office gives the creditor 20 days to show that proceedings to remove the objection were started in time, such as a mainlevée application or an action on the claim.
Non-disclosure does not cancel the debt. Disclosure may resume if the creditor subsequently provides the required proof or enforcement continues, subject to the rules governing a final rejection. The rules in force since 2026 allow this request throughout the period in which third parties have a right to inspect the entry.
Continuing enforcement: seizure of assets or bankruptcy
Once there is no effective objection, you can request continuation. The route depends on the debtor’s status: attachment of assets, bankruptcy, or a special procedure for secured claims.
Bankruptcy enforcement is not limited to companies such as SAs and LLCs. It can also apply to certain individuals registered in the commercial register, including registered sole traders covered by Article 39 of the Act.
Do not miss the continuation deadlines
A continuation request can generally be made once 20 days have passed since service of the payment order, provided the objection no longer prevents it. The right to request continuation normally expires one year after service, with relevant court-proceeding periods excluded under Article 88.
For a bankruptcy petition, distinguish two dates: normally at least 20 days after service of the bankruptcy warning, and no later than 15 months after service of the original payment order. Certain court-proceeding periods are excluded from the calculation under Article 166. These are procedural deadlines, not interchangeable reminder periods.
What if bankruptcy has already been opened?
Bankruptcy collects and distributes the debtor’s available assets under legal ranking rules. It is not a system in which the first supplier to complain automatically gets paid first.
The public notice normally gives creditors one month to file claims. A late claim can generally still be filed before the proceedings close, but the creditor bears the additional costs and does not participate in distributions already made. Send the invoice, supporting documents and amount claimed to the responsible bankruptcy office.
Our guide to continuation of enforcement through bankruptcy sets out the next stages and the relevant deadlines.
Debt collection costs: decide what recovery is worth
The creditor normally advances the enforcement costs. Article 68 of the Act places these costs on the debtor, but that does not guarantee reimbursement if the debtor has no assets.
Payment-order fees in Switzerland
Article 16 of the federal fee ordinance sets the following basic fees according to the amount claimed:
| Claim amount in CHF | Basic fee in CHF |
|---|---|
| Up to 100 | 7 |
| Over 100 to 500 | 20 |
| Over 500 to 1,000 | 40 |
| Over 1,000 to 10,000 | 60 |
| Over 10,000 to 100,000 | 90 |
| Over 100,000 to 1,000,000 | 190 |
| Over 1,000,000 | 400 |
These are basic fees, not an all-inclusive recovery price. Postage, service expenses and additional attempts can increase the advance. The ordinance provides CHF 7 per service attempt where applicable. For example, Vaud lists an initial advance of CHF 74 for a claim over CHF 1,000 and up to CHF 10,000, with possible additional expenses.
Court fees for removing an objection or litigating the claim, and any legal fees, come separately. Recovering CHF 3,000 after a payment order is very different from pursuing the same CHF 3,000 through a contested court case.
Compare evidence, solvency and likely costs
Before escalating, ask: can I prove the claim, does the customer have funds or assets, and how much time and money am I willing to commit? A documented settlement can sometimes produce a better result than a long procedure with little prospect of collection.
How long before an unpaid invoice becomes time-barred?
The general limitation period is 10 years, but Article 128 CO sets five years for certain claims, including specified retail, craft, professional and periodic claims. The applicable period depends on the claim, not simply on the word “invoice”. It generally runs from the date the debt is due.
An acknowledgement of debt, a qualifying partial payment, debt enforcement, a conciliation application or legal action can interrupt limitation under Article 135 CO. An ordinary reminder alone does not interrupt it. Check the appropriate step before the deadline rather than relying on repeated emails.
Prevent unpaid invoices before they arise
Identify the contracting party, obtain acceptance of the quotation and payment terms, keep proof of delivery, and agree deposits or progress payments for substantial work. A clear Swiss invoice makes it easier for the customer to approve payment.
Set a credit limit for customers with large open balances. Review overdue amounts regularly and assign someone to follow them up. Our guide to tracking customer payments explains how to organise this routine.
Credit insurance and factoring: two different tools
Credit insurance can cover certain customer defaults, within the contract’s limits, exclusions and deductibles. It is normally arranged before an invoice becomes a known problem.
Factoring converts eligible receivables into earlier cash, for a fee. Whether the provider also takes over the customer’s non-payment risk depends on the contract. Both choices affect your working capital requirement.
If you consider suspending further work, check your contractual rights first so that a payment dispute does not turn into a breach on your side.
Create a compliant invoice in Switzerland
Romain Prieur explains what to include on an invoice and how to create one. The original video is in French.
Explore the Entreprendre en Suisse avec Sarah et Romain channel →
Recover payment with a clear file and a proportionate plan
Start by understanding the reason for non-payment. Then move from a reminder to a formal demand and, if justified, debt enforcement. At each stage, keep the evidence, deadlines, likely costs and customer’s solvency in view.
Entreprendre.ch can help you organise your invoicing and accounting follow-up. For a contested claim or a procedural deadline, obtain advice on the specific legal route and documents needed.
Frequently asked questions about unpaid invoices in Switzerland
Must I send three reminders before starting debt enforcement?
No. Swiss law does not generally require three reminders. Check that the debt is due, respect any agreed reminder procedure, and distinguish a payment reminder from the formal demand needed to put the debtor in default in some situations.
Does a formal demand have to be sent by registered post?
Not in every case. Registered post is useful for proving dispatch and receipt, but you should also keep a copy of the contents. The important point is being able to establish a clear demand and the relevant dates.
Can I charge 5% interest from the invoice date?
Not automatically. Statutory default interest generally runs at 5% per year from the date of default. That date depends on the agreed payment terms and, where required, receipt of a formal demand.
What happens when the customer objects to a payment order?
Enforcement is suspended for the disputed amount. You must use the appropriate procedure to remove the objection or establish the claim. A judgment, a signed acknowledgement of debt and an invoice alone do not support the same procedure.
Does a signed acknowledgement allow definitive removal of an objection?
A qualifying private signed acknowledgement normally supports provisional removal. Definitive removal generally requires an enforceable judgment or another qualifying enforcement title.
Who pays the debt enforcement costs?
The creditor generally advances them and the debtor is legally liable for them. However, recovery is uncertain if the debtor is insolvent. Court and legal costs may be additional.
Does a payment reminder interrupt the limitation period?
An ordinary reminder does not. Qualifying steps such as an acknowledgement of debt, debt enforcement, a conciliation application or legal action can interrupt limitation under Article 135 CO.
Is a debt cancelled when the enforcement entry is no longer shown to third parties?
No. Non-disclosure under Article 8a concerns access to the enforcement entry. It does not extinguish the underlying claim or automatically resolve the dispute.
Sources and further reading
- Swiss Code of Obligations: payment, default, interest and limitation periods.
- Debt Enforcement and Bankruptcy Act, particularly Articles 8a, 39, 68, 74, 80–88, 166, 232 and 251 (French).
- Federal debt enforcement fee ordinance, Article 16 (French).
- Canton of Vaud: ordinary enforcement for creditors and fee advances (French).
- Federal Office of Justice: instruction on non-disclosure of enforcement entries (French).
Romain Prieur is a Swiss Certified Public Accountant and founder of Entreprendre.ch. With more than ten years of experience in audit and business advisory in Switzerland, he advises entrepreneurs on company formation, accounting and tax.
