At Lunch & Law on 28 March 2019 at Technopark Winterthur, Dr Oliver Fritschi and Georg Weber provided practical insights into the legal options available when customers fail to pay or companies encounter liquidity problems.
Consistently addressing outstanding claims
Outstanding invoices are not only annoying, but can also quickly become a burden on liquidity, especially for SMEs. The first step is usually debt collection, which can be initiated without justification or evidence. If the debtor still does not pay, the legal proposal can be removed by means of legal proceedings or legal enforcement.
Further legal claims
In addition to the principal claim, creditors can also claim default interest (5% p.a.), contractually agreed reminder fees and, under certain circumstances, damages for delay. In the case of claims against debtors abroad, the place of jurisdiction and enforcement must be examined particularly carefully.
Ways out of illiquidity
If a company itself gets into difficulties, restructuring measures such as subordination, capital reduction (‘harmonisation restructuring’) or a rescue company are possible options. It is crucial to act early and seek legal advice before the situation becomes uncontrollable.
Conclusion
The presentation made it clear that payment defaults are part of the business risk – however, timely action and clear contractual bases help to minimise losses and secure liquidity.
The presentation for the event can be viewed here.
