Attachment of assets in Switzerland (art. 271 DEBA)

What attachment is and what it is for

It unfortunately happens that, while trying to collect a claim, the debtor starts moving money, selling assets or transferring accounts abroad. By the time the judgment arrives, there is nothing left to seize. Attachment exists precisely to prevent this: it is a precautionary measure that freezes the debtor's assets until the claim is enforced through the ordinary channels.

It should be noted at once that attachment does not assign the assets to the creditor. It only blocks them. The debtor remains the owner but can no longer dispose of them. This is how Swiss law, through the Federal Act on Debt Enforcement and Bankruptcy (DEBA), ensures that in the end there is still something to satisfy the claim from. For a full overview of the routes available to the creditor, see our page on debt collection and contractual liability.

When attachment can be requested (art. 271 DEBA)

Attachment is not granted for every claim. The starting rule is that it must be a due claim not secured by a pledge (art. 271 para. 1 DEBA): whoever already holds security in rem must first realise it, and whoever has a claim that is not yet due may resort to attachment only in the exceptional cases provided by law (art. 271 para. 2 DEBA). On this basis, the law lists the exhaustive cases in which attachment is permitted. The most common in practice are these.

The first is a debtor with no fixed domicile (no. 1). The second concerns a debtor who, to evade their obligations, hides their assets, flees or prepares to flee (no. 2): the classic case of a debtor emptying their accounts. The third is a creditor who holds against the debtor a certificate of shortfall, provisional or final (no. 5).

Two cases, however, matter most for those operating across the border. A debtor domiciled abroad (no. 4): here attachment is permitted if the claim has a sufficient connection with Switzerland or is based on an acknowledgement of debt within the meaning of art. 82 DEBA. And a creditor who holds a final title dismissing the objection (no. 6), a category that includes foreign judgments enforceable under the Lugano Convention and, according to the case law of the Federal Supreme Court, also foreign judgments from states not bound by the Convention, provided they are recognisable in Switzerland (cf. Federal Supreme Court ruling BGE 139 III 135).

How it is obtained: the court's attachment order (art. 272 DEBA)

Attachment is authorised by the court of the place of enforcement or the place where the assets are located (art. 272 para. 1 DEBA). The feature that makes it effective is surprise: the debtor is not heard beforehand, otherwise they would have all the time needed to shelter their assets.

To obtain it, the creditor must make credible three elements (art. 272 DEBA): the existence of the claim, one of the grounds for attachment under art. 271, and the existence of the debtor's assets. "Making credible" is a lower standard than full proof: it is not necessary to prove everything with certainty, it is enough that the court considers the claim plausible on the basis of the documents produced.

This speed has a counterweight. If the attachment proves unfounded, the creditor is liable for the damage caused to the debtor (art. 273 DEBA), and the court may make the order conditional on the provision of security. It follows that attachment should only be requested when the claim is solid and the documents speak clearly.

The foreign creditor and the Lugano Convention

This is where the most interesting lever lies for businesses and professionals operating between Italy and Switzerland. An Italian company holding a claim against a counterparty with assets in Ticino does not necessarily have to start all over again before a Swiss court.

If it holds a judgment or an enforceable title issued in a state bound by the Lugano Convention (the states of the European Union, Norway and Iceland), that title can be recognised in Switzerland and found the attachment under art. 271 para. 1 no. 6 DEBA. In practice, the decision on the enforceability of the foreign title is taken by the same court handling the attachment, at the same time as the order (art. 271 para. 3 DEBA): a single step before the Swiss court, without a separate preliminary procedure.

This is exactly the kind of matter we handle from our firm in Lugano: proximity to the border and working across several languages allow us to assist the foreign creditor who wants to reach assets located in Switzerland, coordinating the title of origin with the Swiss procedure.

After the attachment: validation and objection

Once the order is obtained, the enforcement office carries out the attachment on the assets indicated. From that moment two deadlines start running that are worth keeping in mind.

The creditor has 10 days to validate the attachment (art. 279 DEBA): that is, to start enforcement or, if not already done, the action on the merits to establish the claim. If the deadline expires without action, the attachment lapses and the assets become free again. Attachment, in other words, is a starting point, not an end point.

On the other side, the debtor (and also a third party affected by the measure) can object to the attachment order within 10 days of becoming aware of it (art. 278 para. 1 DEBA). At that stage the court re-examines the requirements, finally hearing both parties. It should be noted that the objection does not automatically suspend the attachment: the assets remain blocked during the proceedings (art. 278 para. 4 DEBA).

What it means for the parties

For the creditor: move quickly and prepare the documents before knocking on the court's door. Identify where the assets are (accounts, real estate, claims against third parties), gather what makes the claim credible and check which ground for attachment applies. If you have a judgment or an enforceable title from a state bound by the Lugano Convention, bring it: it may open the route under no. 6. Remember the 10-day deadline for validation, otherwise all the work is lost.

For the debtor whose assets are attached: it is not a conviction and it is not final. You have 10 days to object to the order and challenge the requirements before the court. It is worth reacting immediately, because in the meantime the assets remain blocked and, if the debt is not owed or the attachment is unfounded, you can also claim damages (art. 273 DEBA).

Frequently asked questions

What is the attachment of assets in Switzerland?

It is a precautionary measure by which the court blocks the debtor's assets located in Switzerland to secure a claim (art. 271 DEBA). The debtor remains the owner but can no longer dispose of them. It serves to prevent the assets from disappearing before the creditor obtains payment.

Can I request attachment if my company is based abroad?

Yes. A foreign creditor can request attachment of assets located in Switzerland. This is in particular possible when they hold a judgment or an enforceable title recognised under the Lugano Convention (art. 271 para. 1 no. 6 DEBA), or when the claim has a sufficient connection with Switzerland (no. 4).

What do I need to prove to obtain the attachment?

Full proof is not required. It is enough to make credible the claim, a ground for attachment provided by art. 271 DEBA, and the existence of the debtor's assets (art. 272 DEBA). The court decides on the basis of the documents, without hearing the debtor beforehand.

Can the debtor object to it?

Yes. The debtor can object to the attachment order within 10 days of becoming aware of it (art. 278 DEBA). The objection does not automatically release the assets: the measure remains in force while the court re-examines the requirements with both parties.

What do I need to do after obtaining the attachment?

You have 10 days to validate it (art. 279 DEBA), by starting enforcement or the action to establish the claim. If you do not act within the deadline, the attachment lapses and the assets become free again. Attachment must therefore always be followed by the next steps of debt recovery.