The Affidavit of Repossession is a crucial document in Swiss secured lending and asset recovery procedures. It is used when a creditor needs to legally document the repossession of property following a default or breach of contract. This sworn statement, prepared in compliance with Swiss federal and cantonal laws, provides detailed information about the repossessed property, the circumstances of repossession, and confirms adherence to legal requirements. The document is particularly important in Switzerland's highly regulated financial environment, where strict compliance with debt enforcement procedures is essential. It serves multiple purposes including providing evidence for legal proceedings, supporting insurance claims, and maintaining clear records for regulatory compliance. The affidavit must be properly notarized and typically includes supporting documentation such as photographs, original agreements, and proof of default.
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1. Declaration Opening: Formal opening statement identifying the declarant, their capacity, and the date of the affidavit
2. Declarant Information: Full legal name, address, and professional capacity or role of the person making the affidavit
3. Property Description: Detailed description of the repossessed property including all relevant identifying information (serial numbers, registration numbers, etc.)
4. Basis for Repossession: Legal grounds for the repossession including reference to the underlying agreement and default
5. Repossession Details: Specific information about when, where, and how the repossession was carried out
6. Condition Statement: Description of the property's condition at the time of repossession
7. Legal Compliance: Statement confirming compliance with all applicable Swiss laws and regulations during the repossession process
8. Verification Statement: Formal declaration of truth and accuracy of the stated facts
9. Notarization Block: Space for notary's official seal and signature as required under Swiss law
1. Prior Notifications: Details of any notices or warnings sent to the debtor before repossession - include when there is a requirement to provide prior notice
2. Witness Statement: Statements from witnesses present during the repossession - include when witnesses were present
3. Security Measures: Description of security measures taken during repossession - include when force or security personnel were involved
4. Debtor Interaction: Details of any interaction with the debtor during repossession - include when there was direct contact
5. Storage Information: Details about where and how the property is being stored - include when relevant to the type of property
6. Value Assessment: Professional valuation of the property - include when required for insurance or legal purposes
1. Photographic Evidence: Photographs of the property at the time of repossession showing its condition
2. Original Agreement: Copy of the original finance or security agreement that gives right to repossession
3. Default Notices: Copies of all notices sent to the debtor regarding the default
4. Identification Documents: Copies of relevant identification documents of the declarant
5. Property Documents: Copies of registration documents, titles, or other property-specific documentation
6. Inventory List: Detailed inventory of any additional items or accessories included with the main property
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Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Automotive Finance
Equipment Leasing
Asset Management
Consumer Finance
Commercial Lending
Vehicle Leasing
Equipment Manufacturing
Construction Equipment
Agricultural Equipment
Relevant Teams
Legal
Collections
Risk Management
Compliance
Asset Recovery
Credit Operations
Contract Administration
Finance Operations
Documentation
Security
Relevant Roles
Collections Manager
Recovery Specialist
Legal Counsel
Compliance Officer
Asset Recovery Agent
Credit Manager
Finance Manager
Risk Manager
Collections Officer
Repossession Coordinator
Contract Administrator
Legal Operations Manager
Notary Public
Asset Management Officer
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