Dismissal of the objection: provisional or definitive (art. 80-82 DEBA)
When the debtor objects to a payment order, enforcement comes to a halt and it is up to the creditor to act (art. 78 DEBA). To continue, they must obtain dismissal of the objection: provisional (art. 82 DEBA), if they hold a written acknowledgement of debt, or definitive (art. 80 DEBA), if they already have an enforceable judgment or an equivalent title. Provisional dismissal leaves the debtor 20 days to contest the debt on the merits with the action for release from debt (art. 83 DEBA); definitive dismissal, by contrast, as a rule closes the discussion.
Why dismissing the objection is necessary
It often happens that, after having a payment order served, the creditor receives the debtor's objection. At that point enforcement comes to a sudden halt (art. 78 DEBA): the office does nothing further until someone removes the objection. A creditor who wants to continue cannot simply wait: they must ask the court to dismiss the objection (art. 79 DEBA), or proceed through the ordinary channels if they do not hold the necessary titles.
It should be noted at once that the choice between the two routes depends exclusively on what the creditor already holds. It is not a matter of preference, but of documents. For a full overview of the routes available to the creditor, see our page on debt collection and contractual liability.
Provisional dismissal of the objection (art. 82 DEBA)
Provisional dismissal is obtained when the claim is based on an acknowledgement of debt: a contract signed by the debtor, a debt acknowledgement, a countersigned invoice, a public deed. The court of the place of enforcement grants it if the document exists and if the debtor does not immediately make credible a liberating defence, such as payment having been made or a set-off (art. 82 para. 2 DEBA).
In practice, the court does not go into the merits of the dispute. It merely checks that the document is sufficient proof of the debt and that the debtor has no immediate and credible objection. It is a summary procedure, designed to be fast.
Definitive dismissal of the objection (art. 80-81 DEBA)
Definitive dismissal, by contrast, presupposes that the creditor already holds an enforceable judgment handed down by a Swiss court, or a title treated as equivalent (an administrative decision, a conciliation record, an arbitral award). In this case the question on the merits has already been decided elsewhere: all that is left for the court is to establish that the title exists and is enforceable.
The debtor can oppose definitive dismissal only with very limited defences (art. 81 DEBA): extinction of the debt occurring after the judgment, supervening prescription, or an extension granted by the creditor, and must prove them immediately. It should be noted that here, unlike with provisional dismissal, the debtor can no longer dispute the existence of the debt as such: that contest is already closed.
After provisional dismissal: the debtor's 20 days (art. 83 DEBA)
Provisional dismissal is not the last word. The debtor has 20 days to bring the action for release from debt (art. 83 para. 2 DEBA): an ordinary action by which they ask the court to establish that the debt does not exist, or is not owed in the amount claimed. If they bring it, the question moves onto a plane of full cognition, with the taking of evidence.
If, on the other hand, the debtor lets the 20 days expire without acting, the provisional dismissal becomes definitive in practice: the creditor can request the continuation of enforcement, with seizure or the bankruptcy warning depending on the debtor's status.
What it means for the parties
For the creditor: even before serving the payment order, prepare the document on which you will build the dismissal. If you have a signed contract or an acknowledgement of debt, aim for provisional dismissal: it is the faster route. If you already have a judgment, definitive dismissal puts you almost beyond further discussion. File the request as soon as the objection arrives: there is no fixed deadline for it, but every month lost is a month's delay in collection.
For the debtor who receives the dismissal request: if the claim is based on an acknowledgement of debt of yours, check at once whether you have an immediate and documentable defence, such as proof of payment. If you do not and the court grants provisional dismissal, the 20 days for the action for release from debt are your last room for manoeuvre: do not let them pass if you believe you do not owe that sum.
Frequently asked questions
What is the difference between provisional and definitive dismissal?
Provisional dismissal (art. 82 DEBA) is based on a written acknowledgement of debt and leaves the debtor 20 days to contest the merits with the action for release from debt (art. 83 DEBA). Definitive dismissal (art. 80 DEBA) is based on an enforceable judgment or an equivalent title and, as a rule, closes the discussion on the merits.
What can the debtor raise against definitive dismissal?
Very little: only extinction of the debt after the judgment, supervening prescription, or an extension granted by the creditor (art. 81 DEBA), and they must prove them immediately with documents. They can no longer dispute the existence of the debt as such.
How much time does the debtor have after a provisional dismissal?
20 days from notification of the decision to bring the action for release from debt (art. 83 para. 2 DEBA). If the deadline expires without the debtor acting, the creditor can request the continuation of enforcement.
Do I need a lawyer to request dismissal of the objection?
It is not mandatory, but it is a procedure that requires choosing and documenting the right route correctly from the very first moment: a mistake between provisional and definitive, or in proving the defence, can cost precious time.
What happens if the creditor does not request dismissal of the objection?
Enforcement remains blocked (art. 78 DEBA). Without an initiative from the creditor the procedure does not resume by itself: the claim remains uncovered until dismissal of the objection is obtained or the ordinary route is taken.
