Legal term

Removal of objection

The court procedure by which a creditor has the debtor's objection set aside so that debt enforcement can continue. Provisional or definitive, depending on the basis.

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Legal basis

Art. 80 to 84 Debt Enforcement and Bankruptcy Act (SchKG)

Last updated

10 October 2026 · Debt enforcement law

If the debtor files an objection, the debt enforcement is suspended. The creditor can have it set aside in summary proceedings. Definitive removal of objection is based on an enforceable decision, such as a judgment. Provisional removal of objection is based on an acknowledgement of debt, for example a signed contract with a clear payment obligation.

After provisional removal of objection, the debtor can bring an action for release from debt within 20 days. If there is no basis at all for removal of objection, the creditor must resort to ordinary proceedings. According to the case law of the Federal Supreme Court, a contractual mediation clause does not prevent removal of objection.

In practice

Think about enforcement when concluding the contract: a clear, signed payment obligation opens up the quick route of provisional removal of objection.

Frequently asked questions

What is the difference between provisional and definitive removal of objection?

Definitive removal of objection is based on an enforceable decision, provisional removal on an acknowledgement of debt. After provisional removal of objection, the debtor can bring an action for release from debt within 20 days.

Does a mediation clause prevent removal of objection?

No. In 2026, the Federal Supreme Court, sitting as a panel of five judges, confirmed that a contractual obligation to mediate does not bar summary removal of objection proceedings (judgment 4A_53/2026).

This content does not replace individual legal advice.