Insolvency Law · Switzerland
Find insolvency lawyers in Switzerland for debt recovery and creditor claims
Switzerland applies unified federal commercial law through 26 cantonal court systems, so an insolvency-related dispute is handled differently depending on where it sits. Tell us what has happened and we match you with a lawyer who works in that jurisdiction, in the language of the proceedings, at no cost to you.
- Creditor claims, debt recovery and restructuring matters
- Lawyers admitted in one canton, able to act throughout Switzerland
- Free matching, first response usually within 24–48 hours
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How we help
The right lawyer for the canton where your case is heard
Financial distress rarely arrives neatly. A customer stops paying, a supplier collapses, or a business partner leaves debts behind — and you need to know where you stand before the position hardens. Insolvency lawyers in Switzerland work inside a legal landscape that is federal in substance but cantonal in practice: the same commercial rules apply across the country, yet the courts, the procedural language and the costs are organised by each of the 26 cantons. That is why matching matters. Describe your situation in a few lines, and we put you in touch with a practice that handles debt recovery, creditor claims and restructuring work in the relevant forum. Matching is free, the first response usually arrives within 24 to 48 hours, and you decide whether to instruct.
Local context
How insolvency-related matters work in Switzerland
Switzerland is a federal state: commercial and private law are codified at federal level, while the courts, their procedure and their costs remain largely cantonal. For anyone pursuing a debtor or defending a claim, that split shapes the forum, the language and the budget.
Where insolvency-related disputes are heard
Substantive commercial law is unified at federal level, but the administration of justice remains largely cantonal. First-instance cases go to district and cantonal courts, with appeals to cantonal courts of appeal and, ultimately, to the Federal Supreme Court in Lausanne. Each of the 26 cantons has its own court hierarchy and procedural language, so the competent forum should be identified early.
One admission, valid throughout Switzerland
A lawyer must hold a cantonal practising certificate and be entered on that canton’s lawyers’ roll under the Federal Act on the Free Movement of Lawyers. Once admitted, however, they may represent parties before judicial authorities anywhere in Switzerland. That matters when a debtor, a creditor or a set of assets sits in a canton other than your own.
Must you be represented by a lawyer?
In Swiss civil procedure there is no general obligation to be represented: parties may appear in person or instruct any person capable of acting as their representative (Art. 68 CPC). The position changes before the Federal Supreme Court, where representation by an admitted lawyer is compulsory in civil matters (Art. 40 BGG). Appeals at that level therefore require a lawyer on the record.
What proceedings cost and who pays
Court fees follow cantonal tariff schedules for cantonal cases and the Federal Supreme Court tariff at federal level; there is no single federal fee tariff for ordinary civil claims. A claimant normally pays an advance on the court costs (Art. 98 CPC), and the unsuccessful party bears the costs of the proceedings (Art. 106 CPC). Party compensation is fixed by the court under the cantonal tariff (Art. 105 CPC).
Free legal aid and how it is granted
Free legal aid is regulated by Art. 117–123 CPC. A natural person may obtain it if they lack sufficient financial resources and the case does not appear devoid of any chance of success. It covers exemption from advances and security, exemption from court costs and, where necessary to protect the party’s rights, the appointment of a court-funded legal representative.
Cross-border creditor claims
Switzerland is not a member of the European Union. Relations with the EU are conducted through sectoral bilateral agreements, and for cross-border civil and commercial litigation Switzerland is party to the Lugano Convention of 2007, which aligns the rules on jurisdiction and the recognition and enforcement of judgments with the EU’s Brussels I regime. Enforcement strategy should be planned from the outset.
All country data on this page is drawn from official Swiss federal sources (Fedlex, the Federal Office of Justice and the Federal Constitution) as published on the official portals at the time of writing.
- Swiss Civil Code (Code civil / Zivilgesetzbuch) — renunciation of an inheritance
- Code of Obligations (Obligationenrecht / Code des obligations) — limitation periods
- Federal Act on the Free Movement of Lawyers (BGFA)
- Swiss Civil Procedure Code (ZPO / CPC) — representation, costs and legal aid
- Federal Constitution — court system and national languages
- Federal Act on Federal Administrative Procedure — appeal deadlines
- Lugano Convention 2007 — Federal Office of Justice
Typical problems
Why insolvency matters in Switzerland are rarely straightforward
The rules are federal, the courts are cantonal and the money is often somewhere else. Three issues come up again and again.
Your debtor may not be where you are
A company’s registered office, its assets and the people who owe you money can sit in three different cantons. Each has its own court hierarchy, so the competent forum has to be chosen deliberately rather than by habit.
Procedure is federal, courts are cantonal
The same commercial rules apply nationwide, yet fees, party compensation and even the language of the hearing are set canton by canton. A strategy that works in one place does not automatically transfer to another.
Costs are hard to predict
Court fees follow cantonal tariffs and lawyers’ fees are freely agreed, so there is no single published price list. Knowing which costs can be recovered from the other side, and whether legal aid is available, changes what is realistic.
What you get
Matched with a practice that fits your case
We compare specialisation, jurisdiction and language, then put you in direct contact with the lawyer.
A lawyer who can act nationwide
A cantonal admission is recognised throughout Switzerland under the Free Movement of Lawyers Act, so your representative can follow the matter wherever the forum sits — Lausanne, Lugano, St. Gallen or elsewhere.
Cross-border reach
Switzerland is not an EU member, but the Lugano Convention of 2007 governs jurisdiction and the enforcement of judgments between Switzerland and EU states. We match you with practices used to cross-border creditor work.
Clarity on costs before you commit
Swiss court fees follow cantonal tariffs, and legal aid under Art. 117–123 CPC may cover advances, court costs and, where necessary, a court-funded representative. A matched lawyer can explain what applies in your canton.
Free matching, no obligation
You describe the problem, we compare the practices that handle it, and you decide whether to instruct. Getting matched costs nothing, and a first response usually arrives within 24 to 48 hours.
Also available in
Other European jurisdictions on the platform
Cross-border cases often need advisers in more than one country. Alongside Switzerland, we match clients with practices across Europe.
Frequently asked questions
Insolvency and debt recovery in Switzerland
Do I need an insolvency lawyer in Switzerland, or can I act on my own?
In civil proceedings you may appear in person or instruct a person capable of representing you (Art. 68 CPC), so a lawyer is not always compulsory at first instance. Before the Federal Supreme Court, however, an admitted lawyer must represent you in civil matters (Art. 40 BGG). Where a claim is contested or crosses a border, we match you with insolvency lawyers in Switzerland who handle that level of work.
Which court will hear my case, and in what language?
Substantive commercial law is federal, but court organisation and procedure are cantonal. First-instance cases are heard by district and cantonal courts, with appeals going up to the Federal Supreme Court in Lausanne. Each canton determines its own official language, so proceedings may be conducted in German, French or Italian depending on where the case is heard.
Can a lawyer admitted in Zürich represent me in another canton?
Yes. Under the Federal Act on the Free Movement of Lawyers, a cantonal practising certificate is recognised throughout Switzerland, so an admitted lawyer may represent parties before judicial authorities anywhere in the country. Lawyers must be entered on the roll of the canton where they have their place of business and are supervised by the cantonal authorities, with the FSA/SAV as the national umbrella body.
What does insolvency-related litigation cost in Switzerland?
Court fees follow cantonal tariff schedules, and the claimant normally pays an advance on costs (Art. 98 CPC), while the unsuccessful party bears the costs of the proceedings (Art. 106 CPC). Party compensation is fixed by the court under the cantonal tariff (Art. 105 CPC). Lawyers’ fees are freely agreed unless a cantonal schedule applies.
Can a Swiss judgment be enforced against a debtor in the EU?
Switzerland is not a member of the European Union and instead relies on sectoral bilateral agreements. For cross-border civil and commercial litigation it is party to the Lugano Convention of 2007, which aligns the rules on jurisdiction and on the recognition and enforcement of judgments with the EU’s Brussels I regime. Enforcement planning therefore has a clear framework.
How long do I have to pursue a claim against a debtor?
It depends on the basis of the claim. General contractual claims are time-barred after 10 years, periodic payments such as rent, interest, salaries and maintenance after 5 years, and tort claims after 3 years from knowledge of the damage, subject to an absolute limit of 10 years. A matched lawyer can confirm which period applies to your file.
Next step
Tell us about your case in a few lines
Describe what has happened, where the debtor or the dispute is located, and what you are trying to achieve. We compare the practices that handle insolvency-related work in that canton and language, then put you in direct contact. Matching is free and there is no obligation to instruct.