Court proceedings are complicated and run according to rigid rules with which lay people are not familiar. They are confronted with technical terms that they do not understand. And there is no help from the court, because it is up to the parties to present the facts of the case and the evidence. If a relevant fact or piece of evidence is forgotten, one risks losing the case. In short: As a layman, you are simply overwhelmed with the conduct of a court case.
This is now set to change with the "simplified procedure" introduced with the new Swiss Code of Civil Procedure at the beginning of this year. The new procedure applies, among other things, to disputes over claims of up to CHF 30,000 and is intended to enable laypersons to obtain justice themselves.
How does this procedure actually work? First, you have to go to the conciliation board. If no agreement is reached there, the conciliator issues a so-called authorization to sue. With this, you can file a lawsuit with the court within three months. In principle, the court at the defendant's place of residence or registered office has jurisdiction.
The complaint does not have to be substantiated in writing. It is sufficient, for example, to write: "X owes me 8000 francs, but denies this. I want it back, in addition X should pay the court costs and pay me compensation."
The court first checks various formal requirements - for example, its jurisdiction - and then decides whether to accept the claim at all.
Subsequently, the court will request an advance payment from the plaintiff for the presumed court costs. The amount of the court costs is determined by each canton itself. For example, if the amount in dispute is CHF 8,000, the court fee in the canton of Zurich is around CHF 1,500. If the advance payment is made, the court summons the parties to the hearing. At the hearing, the parties each have two opportunities to speak. It is important that all statements of the opponent that are not true are disputed, otherwise they are considered to be correct.
After the hearing, the court usually informs the parties of its assessment of the chances of litigation and submits a settlement proposal. This can be accepted or rejected. If no settlement is reached, the court must examine the evidence if relevant allegations have been disputed. Once the so-called taking of evidence has been completed, the parties are given another opportunity to comment. The court then passes judgment. If you do not agree with the decision, you can take it to the next court.
Even if you win the case, you do not automatically get your money. If the defendant does not pay voluntarily, a debt collection procedure must be initiated against him at the debt collection office at his place of residence.
Do you need legal advice?
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