International cases

The grounds for the distraint order may be based on other than Swiss law. In this case too, the creditor motioning for a distraint order needs to make his claim plausible. Additionally, he may be obliged to prove the existence of such grounds in the cited foreign law.

If the debtor’s place of residence is abroad, but the debtor owns assets in Switzerland, the validation of the distraint order cannot be initiated at the location of the execution of the distraint order. This only concerns validation proceedings which are instituted by ordinary proceedings, not, however, validation proceedings which take place via summons to pay or via proceedings to have the objection set aside.

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