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A Garnishee Order is a legal command that lets creditors collect money directly from a debtor's third-party sources, like their employer or bank, in Switzerland. When a debt remains unpaid, this order requires the third party to redirect payments or funds to the creditor instead of the debtor.

Swiss debt enforcement offices issue these orders after following strict procedural requirements under the Federal Debt Enforcement and Bankruptcy Act. The order can attach to salary payments, bank accounts, or other regular income sources, though Swiss law protects certain minimum amounts to ensure debtors can maintain a basic standard of living.

A Garnishee Order becomes essential when standard debt collection methods have failed and you know your debtor has accessible funds through an employer or bank in Switzerland. It's particularly useful when dealing with debtors who have steady income sources but refuse to pay their obligations despite having the means.

The timing matters - you'll need a valid judgment or payment order first, and must file through your local debt enforcement office. This approach works best for recurring income sources like salaries or rent payments, rather than one-time transactions. Remember that Swiss law requires leaving debtors with enough income for basic living expenses.

• Regular Income Garnishment: Targets ongoing salary payments or regular income streams from employers, requiring them to redirect a portion to creditors monthly
• Bank Account Attachment: Freezes and claims funds held in the debtor's bank accounts, suitable for one-time collections
• Rental Income Garnishment: Intercepts payments from tenants to landlord-debtors, particularly useful for property-related debts
• Insurance or Pension Benefits: Captures regular payments from insurance companies or pension funds, following strict Swiss social security regulations
• Commercial Receivables: Targets business income and accounts receivable, commonly used for B2B debt collection

• Creditors: Businesses, individuals, or organizations seeking to collect unpaid debts through legal channels
• Debt Enforcement Offices: Swiss government agencies that issue and oversee Garnishee Orders after validating claims
• Garnishees: Employers, banks, or other third parties who hold the debtor's assets and must comply with the order
• Debtors: Individuals or entities whose income or assets are subject to garnishment
• Legal Representatives: Lawyers who help creditors navigate the garnishment process and ensure compliance with Swiss debt collection laws

• Debt Documentation: Gather proof of the debt, including original contracts, invoices, and payment history
• Legal Judgment: Obtain a valid payment order or court judgment from the Swiss authorities
• Debtor Details: Collect accurate information about the debtor's employer, bank, or other income sources
• Amount Calculation: Determine the exact debt amount, including interest and collection costs allowed under Swiss law
• Enforcement Office: File the request with your local debt enforcement office, providing all required documentation
• Timeline Planning: Account for mandatory notice periods and deadlines in the Swiss debt collection process

• Identification Details: Full legal names and addresses of creditor, debtor, and garnishee party
• Debt Specification: Exact amount owed, including any interest and collection costs
• Legal Authority: Reference to the underlying judgment or payment order number
• Garnishment Terms: Clear instructions on payment amounts, frequency, and transfer method
• Protected Amounts: Specification of minimum living allowance under Swiss law
• Compliance Statement: Reference to relevant Swiss debt enforcement regulations
• Official Seals: Debt enforcement office stamps and authorizations

A Garnishee Order differs significantly from a Bank Guarantee in both purpose and application within Swiss law. While both documents deal with financial security, they serve distinct functions in the Swiss legal system.

• Timing and Purpose: Garnishee Orders are reactive tools used after a debt default to collect existing debts, while Bank Guarantees are preventive instruments set up before any transaction to ensure future payment
• Party Control: With Garnishee Orders, the debt enforcement office directs third parties to redirect payments, whereas Bank Guarantees involve voluntary arrangements between banks and parties
• Legal Process: Garnishee Orders require court or debt enforcement office intervention, but Bank Guarantees are contractual arrangements that take effect automatically upon specified conditions
• Duration: Garnishee Orders typically continue until a debt is paid off, while Bank Guarantees have predetermined expiry dates