The Formal Demand for Payment is a critical document in Swiss commercial and civil practice, used when informal attempts to collect payment have been unsuccessful. It serves as a final warning before initiating formal debt collection proceedings through Swiss authorities. This document must comply with requirements set forth in the Swiss Code of Obligations and the Federal Act on Debt Collection and Bankruptcy, including specific content requirements such as clear identification of parties, precise debt amounts, payment terms, and consequences of non-payment. Typically issued after payment deadlines have passed, it represents an escalation in the debt collection process and may be prepared by creditors directly or through legal representatives. The document's format and content must be carefully considered to ensure its validity under Swiss law and its effectiveness as a potential exhibit in subsequent legal proceedings.
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1. Sender Details: Full legal name and address of the creditor, including any business registration numbers if applicable
2. Date: Current date of the demand letter
3. Recipient Details: Full legal name and address of the debtor
4. Subject Line: Clear identification as a formal payment demand (e.g., 'FORMAL DEMAND FOR PAYMENT')
5. Debt Details: Precise description of the outstanding amount, including the original invoice number, date, and any applicable interest calculations
6. Payment History: Brief summary of previous payment attempts and communications
7. Legal Basis: Reference to the underlying contract or legal basis for the debt
8. Payment Instructions: Clear specification of the payment amount, deadline, and banking details
9. Legal Consequences: Statement of potential legal actions if payment is not received by the deadline
10. Signature: Signature of authorized representative with name and title
1. Interest Calculation Details: Detailed breakdown of interest calculations when applying default or contractual interest rates - include when interest forms a significant portion of the demanded amount
2. Previous Correspondence Reference: List of previous payment demands or relevant correspondence - include when there has been extensive prior communication
3. Settlement Offer: Proposed payment plan or settlement terms - include when willing to negotiate payment terms
4. Power of Attorney Reference: Reference to power of attorney if the demand is being made by a legal representative - include when sent by a lawyer or authorized representative
1. Copy of Original Invoice: Attachment of the original invoice(s) relating to the debt
2. Statement of Account: Detailed statement showing all relevant transactions, payments, and current balance
3. Interest Calculation Sheet: Detailed breakdown of interest calculations if applicable
4. Proof of Delivery: Documentation proving delivery of goods or services if relevant to the debt
5. Previous Correspondence: Copies of relevant previous payment requests or correspondence
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