Judicial Procedure: Enforce your right with judgment in hand

When talking no longer helps and summonses are ignored, court proceedings are the only way to obtain an enforceable title: the judgment. In that judgment, the judge records that your debtor is obligated to pay.

Without a judgment, you cannot take coercive measures. With a judgment, however, the bailiff can take action, such as by seizing a bank account or the debtor's wages.

At Credifin, we approach this process differently than many traditional firms. We don't just look at the legal rules, but more importantly we look at the question: is there really anything to be gained after the verdict?

Not every case is suitable for court. Sometimes an extra attempt in the amicable collection process is smarter, and sometimes litigating quickly is the best choice. We always advise you based on three important factors.

1. Legal tenability
We look to see if your claim is legally sound. Is the invoice clear? Are the arrangements set out in a contract or general terms and conditions? Has a proper WIK letter been sent if you are dealing with a consumer?

2. Amount of the claim
Is the amount proportionate to the cost of the proceedings, such as court fees and the costs of the summons and attorney? We do a fair cost-benefit analysis beforehand, so you don't send good money after bad.

3. Solvency of the debtor
Does the debtor have income, a home of their own, or other means of recourse? We do research in advance whenever possible. A judgment is valuable, but only if payment can actually be made afterwards.

Only if these three points are positive do we advise you to go to court.

Legal proceedings at Credifin follow a clear step-by-step plan. This way, you know in advance where you stand and what to expect at what point.

Step 1: The summons
Our lawyers draft the summons. This is the official document with which you summon the debtor to appear in court. It states what is outstanding, why the claim is justified and what costs you claim. A bailiff personally serves the summons on the debtor. This is often the moment when unwillingness turns into willingness to pay.

Step 2: Roll hearing
The debtor gets a chance to respond with a statement of reply. We stay in control, following all deadlines and responding on your behalf if defenses are raised. In 2026, much of this process will be digital, keeping the momentum going and allowing you to continue doing business in between.

Step 3: The hearing (appearance)
In some cases, the judge invites the parties to a hearing or appearance. Our lawyers will prepare you well for this or, where possible, act on your behalf. The goal remains the same: a verdict that allows you to collect your claim.

Step 4: The verdict and execution
If the judge rules in your favor, the verdict follows. We have the judgment served on the debtor by the bailiff. If the debtor still does not pay, we will start the enforcement phase. The bailiff can then seize e.g. wages, bank accounts or other recovery objects.

From this point on, it's not about asking or reminding, it's about executing. You have your right in black and white.

Proceedings in court cost money. We like to be honest about that. You will have to deal with, among other things:

• Court fee - The fee you pay to the court. The amount depends on the type of case and the amount of the claim. You can read more about this on our page about court fees.
• Execution costs - The cost to the bailiff who serves the summons and later the judgment.
• Salary agent - The compensation for our legal work during the proceedings.

The good news: if the judge rules in your favor completely, the other party is usually ordered to pay the litigation costs. This means that your debtor must reimburse (most of) these costs.

At Credifin, we do a clear cost-benefit analysis up front. We show you what costs you can expect, what costs you might get back, and what the realistic chance of results is. That way you avoid throwing good money after bad.

You can go to any number of parties with a legal dispute. Yet many business owners and individuals consciously choose Credifin. This is for a few obvious reasons.

• Focus on debt collection - We specialize in debt collection and contract law. We know what lines of defense debtors often use and how to close them with a strong case.
• Seamless transition from amicable to judicial - Often we already know your file from the collection process. This allows us to move quickly and you lose no time in transferring.
• Efficient and clear rates - For many standard procedures, we work with fixed rates. No unclear hourly rates that go unnoticed.
• Cooperation with court bailiffs - We coordinate our litigation strategy with specialized bailiffs so that the judgment is actually converted into money in your account.

In addition, through our online portal, you always have insight into the status of your case. You follow your file step by step, without having to chase it every day.

Types of procedures we deploy

Depending on your situation, we choose the tool that best suits your goal.

• Cantonal Court - For most debt collection cases up to and including €25,000. No lawyer is required here, which keeps the procedure accessible and affordable.
• Prejudgment attachment - In urgent cases, with the permission of the court, we can have attachments made even before the proceedings. This prevents assets from being siphoned off.
• Bankruptcy filing - Is there multiple debts and clear unwillingness to pay? If so, a bankruptcy filing can be a powerful tool. The threat of the end of the business often causes movement quickly.