Being registered with the PO represents an important and serious constraint in daily life and particularly in carrying out important administrative, financial and legal procedures. Dismissing a paid lawsuit can be done automatically. However, opting for the option of immediate write-off after payment of all debts avoids a lot of inconvenience.
Why write off a paid lawsuit?
Faced with the economic crisis, many individuals have resorted to loans. Some take out loans to get out of a temporary bad financial situation. Others use this alternative to finance an important personal project.
In Switzerland, the credit application is only made on examination of the file. The decision of credit agencies is mainly based on the level of creditworthiness of the loan applicant. These entities have the possibility of refusing the request if the interested party is registered with the Office of Pursuits (OP). According to the laws relating to financial procedures, any late payment or unpaid debt is registered with the PO. This information is made available to credit organizations as part of the assessment of the financial situation and the level of creditworthiness of loan applicants.
A lawsuit can cause different problems
Individuals whose names are registered with the PO rarely obtain a private loan . He thus finds himself in the red or in the obligation to postpone, or even to give up, the realization of their personal projects.
Par ailleurs, les particuliers qui font l’objet d’une poursuite sont confrontés à diverses contraintes dans leur vie quotidienne. L’attestation de Non-poursuite figure notamment dans la liste des documents indispensables dans le cadre de la réalisation de différentes démarches administratives impliquant des questions financières comme l’achat d’un bien valeureux (immobilier, voiture, …). En outre, un recruteur est en droit d’intégrer le certificat de non-poursuite ou l’extrait des poursuites dans la liste des documents à fournir pour candidater à un emploi. D’ où l’importance de radier une poursuite payée dès que possible.
The procedure to follow to quickly write off a paid lawsuit
It is important to specify that the PO keeps the list of debtors for a legal period of 5 years. This from the date of registration. Debtors who have repaid all of their debts during this period are automatically removed from the PO's list at the end of the five-year term. The creditor has the possibility of requesting the cancellation of the debtor at the PO level before the due date.
S’assurer que la radiation sera bien effectuée
Some creditors submit an automatic write-off request as soon as the debtor pays all the debt. But in order to ensure that a paid lawsuit is struck off, it is ideal for the debtor to make an agreement with the creditor. To do this, the debtor must send a written request for cancellation of proceedings after reimbursement of all debts to his creditor. The latter then agrees with the former to send its cancellation request to the PO as soon as it receives the total amount of the debts.
The creditor must then submit a cancellation request for the erasure of the lawsuit to the Office des Poursuites. The cancellation takes effect immediately, following receipt of the cancellation request at the PO level.
The creditor can refuse to carry out the procedures in order to write off a paid lawsuit. In this case, the debtor has no other recourse but to wait 5 years, until the entry is automatically deleted.
Expenses for striking off a paid lawsuit
The law that governs finances does not provide for the application of specific costs for the expungement of paid lawsuits. However, some creditors claim money from their debtors for the completion of the procedure. This practice is not, in itself, fair. However, the legislation in force in Switzerland does not prohibit it.
Financial specialists strongly recommend debtors registered with the PO to pay the fees requested by their creditors for the immediate cancellation of the lawsuit paid. This is the only way to regain full credibility in all areas of everyday life. But also with third parties and authorities (traders and other professionals who offer products / services for sale, recruiters, credit organizations, banks, financial, administrative and legal institutions, individuals who offer loans, etc.).
What to do in the event of an unjustified prosecution?
Until December 2018, no proof of debts was required for registration at the PO level. Excessive prosecutions against perfectly credible and solvent persons were, then, frequent. The victims thus find themselves unfairly handicapped in their finances and their personal projects.
The last reform was adopted with the aim of best mitigating abusive prosecutions. Thus, the following provisions have come into force since January 1, 2019:
- The possibility for a registrant to serve an abusive lawsuit and to submit a request for non-disclosure of the lawsuit to the PO, within a legal deadline of 10 days. This from the date of receipt of the order to pay.
- The formal prohibition for POs to bring the identity of a registrant to the attention of third parties who have sent a letter with a view to deleting their alert from the extract of the proceedings.
- The prohibition for the creditor to cancel the registration.
- The obligation for the creditor to continue the procedure within 20 days of the filing of the debtor's cancellation request with the PO if his approach is legitimate. Beyond this period, the debtor automatically wins the case and is struck off the extract from the proceedings.
In the event that the PO obtains proof of receivables from the creditor or the latter decides to continue the procedure, the lawsuit is brought to the attention of third parties.
Il est important de noter que toute poursuite abusive est considérée comme une diffamation. Qui d’ailleurs, porte atteinte à l’intégrité et la liberté d’action d’autrui. Cet acte est, de ce fait, punie par la Loi, comme ordonné par l’article 181 du Code pénal – Tribunal fédéral.
Do you want to write off a paid lawsuit?
Lica offers you a simple and efficient tailor-made service for your debt consolidation. Our solution works according to the following steps:
- You order the pack online CleanData at 49.-.
- Lica then takes care of ordering your extracts (prosecutions, ZEK and IKO) to put them in order and have all possible registrations canceled.
- Once all the write-offs have been carried out, if there are any receivables, we offer you a tailor-made repayment plan according to your budget and manage it with your creditors for you for a fixed monthly payment which integrates our services.
Do you have debts and want to pay them off? Make your request with the CleanData pack at Lica.
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