Persistent debt collection
Our “home country”, which we know very well.
Persistent, pressureful, tricky. In all Switzerland.
For claim amounts from EUR / CHF25’000.–.
We have many years of experience as a
Debt collector in Switzerland
- The registered office of our debt collection company is located in Switzerland.
- Switzerland is our “home country”, which we know very well in regard to the economic and legal terms.
- A special feature of Switzerland is its small scale. If you have a good network of contacts, you know a lot of people.
- Maybe we already know “your debtor” or “your case” from other debt collection contexts or can quickly obtain the necessary information.
- Swiss debt collection companies are not affected by any state supervision or specific legal regulations.
The advantage of our debt collection company in Switzerland:
We are present everywhere within a few hours and have an excellent network of relationships with specialized employees, lawyers, authorities, etc.
Swiss money collectors with many years of experience.
There are many debt collection agencies in Switzerland. Most of them are debt collection agencies that concentrate on letter, telephone and legal debt collection. However, such methods fail when dealing with criminal debtors or debtors who are unwilling to pay.
As in other countries governed by the rule of law, debt collection is primarily the responsibility of the state. In Switzerland, it is very easy to carry out a debt collection against someone. The requirements for proving a claim are minimal. Also it is easy to defend oneself against a debt collection by means of a legal proposal.
Sometimes it is only by analysing an extract from the debt collection register, that informations about the presumed justification of debt collection claims and the possible situation of debtors, can be provided. The substance of a claim only becomes apparent after a legal process has been requested and granted and – if there is not already a title – in the subsequent judicial debt collection proceedings in Switzerland. This is preceded by a primary mediating instance, which has a clarifying and mediating effect similar to what we sometimes do. With honest debtors and reasonable creditors, acceptable solutions are often possible. To take legal action you first need to go to mediating instance.
But even in Switzerland, creditors wanting to obtain their debt collection rights are confronted with many hurdles and risks. Swiss civil lawsuits cause high lawyer and court costs. These are quickly greater than the costs of direct debt collection. Whether or not they get paid – even in succesfull cases – is uncertain. Again and again we have collection cases in which titles are obtained with a lot of effort and debtors still not pay. Wouldn’t it have been wiser to collect the debt in advance via direct collection in Switzerland?
Collection case in Switzerland? Get the money collected.
For debt collection in Switzerland, which is not limited to legal collection but seeks solutions through direct contact with the debtor, limits are defined by criminal law. The threat of “serious disadvantages”, such as the deterioration of creditworthiness in the event of non-payment is already an act of coercion (Art. 181 StGB). The announcement of a debt collection however is not. We use our debt collection know-how to achieve an agreement with debtors before or out of court or by motivating them to make payments, taking into account the limits of criminal law. We use clever “means of pressure” which are, however, within the legal framework. When required, we accompany you in the legal collection process or carry all out in cooperation with your lawyer / our lawyers.
Before accepting a mandate, we clarifiy the situation of the debtors as far as possible and check if there is any possibiliy of regain the money. Pre-court / out-of-court negotiations and measures often bring quicker and more cost-effective success than lawsuits. In any case, we first seek a personal discussion. If no progress can be achieved through negotiations, further legal steps and measures are considered.
Case: purchase of a villa with lakefront in Switzerland, purchase price 4 million. The real estate agency was well known.
Controversial special payment
In a special agreement, the seller apparently requested an additional CHF 180,000.- to be paid for numerous furnishings that the new owner should and wanted to take over. The buyer paid this sum to the broker, believing that the latter would forward the amount to the seller.
Later on, upon request of the buyer, the broker presented the original agreement, which the buyer had lost. Stating that the paid sum was an additional broker’s commission. But the ordinary commission had already been paid. The broker simply replaced the first page. Since he had been of the opinion that the seller allready had received the commission, he demanded the sum back. A check with the seller showed that this was not the case. A clear fraud.
They started to argue. Lawyers were consulted. The broker insisted on the accuracy of the contract and refused a repayment.
Procedure of Inkasso-Team AG
- After taking over the mandate, we first made extensive inquiries about the brokerage office. These showed that several customers reported similar frauds.
- We confronted the two owners with these findings and our demands. One of them, namely the one responsible for the fraud, evaded all talks, the other one turned himself in but loyally defended the position of his compagnon.
- An action before mediating instance did not yield any result.
- Before we took the case to the court and filed a criminal complaint, we took several actions to make the brokers’ actions known. Among other things, we published a website about the company. This attracted a lawyer, who issued a warning against the site. We did not give in, because the page contained only true factual claims. Of course, this was bad publicity for the company.
The luck of the brave
The publication, but not only that, led to considerable difficulties in the brokerage firm. The two compagnons drifted apart. The second had increased difficulties with the “special business” of the other. In this situation of tension, he turned to us. In tough negotiations, partly together with the lawyer of the other party, we were able to fully enforce our claim. The company paid the full amount. We stopped all activities.
Processing time: 1.5 years, completion May 2020