The Debt Collection Form Letter is a critical document in Swiss debt recovery procedures, designed to formally demand payment of outstanding debts before initiating legal enforcement proceedings. This document must comply with the Federal Act on Debt Enforcement and Bankruptcy (DEBA) and related Swiss regulations. It is typically used when informal payment reminders have been unsuccessful and the creditor wishes to escalate the matter towards formal debt collection. The letter must include specific legally required information and follows a prescribed format to ensure its validity in Swiss courts. It serves as the first formal step in the debt collection process and can be used across various industries whenever there is a need to recover outstanding payments from debtors in Switzerland.
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1. Creditor Details: Full legal name, address, and contact information of the creditor
2. Debtor Details: Full legal name, address, and other identifying information of the debtor
3. Debt Information: Clear statement of the outstanding amount, original due date, and any accrued interest
4. Payment History: Brief overview of previous payment attempts and communications
5. Payment Demand: Formal demand for payment including the total amount due and payment deadline
6. Payment Instructions: Detailed information about payment methods and bank account details
7. Legal Notice: Statement about legal consequences if payment is not received by the deadline
1. Interest Calculation: Detailed breakdown of interest calculations when applicable to the debt
2. Previous Correspondence: Reference to previous reminder letters when this is not the first notice
3. Payment Plan Option: Offer of installment payments when creditor is willing to accept partial payments
4. Power of Attorney: When the letter is sent by a legal representative or debt collection agency
5. Dispute Resolution: Information about dispute procedures when required by specific circumstances
1. Invoice Copy: Copy of the original invoice(s) relating to the debt
2. Contract Extract: Relevant excerpts from the underlying contract showing payment obligations
3. Statement of Account: Detailed statement showing all transactions and balance calculation
4. Previous Communications: Copies of previous payment demands or relevant correspondence
5. Interest Calculation Sheet: Detailed breakdown of interest calculations if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Retail
Manufacturing
Professional Services
Healthcare
Construction
Technology
Telecommunications
Utilities
Real Estate
Insurance
Education
Relevant Teams
Finance
Legal
Credit Control
Accounts Receivable
Treasury
Compliance
Risk Management
Collections
Administration
Relevant Roles
Credit Controller
Accounts Receivable Manager
Collections Specialist
Financial Manager
Legal Counsel
Compliance Officer
Treasury Manager
Finance Director
Credit Risk Manager
Debt Recovery Officer
Business Owner
Company Secretary
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