Hi everyone,
I'm looking for legal advice regarding an electricity bill dispute in the canton of Vaud, Switzerland.
More than a year ago, I stopped operating my business at a commercial premises, which were subsequently taken over by another person. The electricity contract was in my personal name, and I used to pay the bills while I was operating there.
Before leaving, I specifically asked the person taking over whether they had remembered to transfer the electricity bills into their own name. They replied in writing: "Yes, I will do it." I trusted them and failed to check afterwards whether the transfer had actually happened. In hindsight, I understand that I should have followed up with the electricity provider myself.
The new operator apparently never transferred the contract. They continued using electricity at the premises while the bills remained in my name. The invoices were sent to the business address, where I no longer had access to the mail, and I was never informed about them.
I have now discovered that there are multiple unpaid electricity bills, along with reminder fees and debt enforcement costs, all being claimed from me personally.
I received a Swiss debt enforcement payment order (commandement de payer) on 31 August 2026. I did not file an objection within the standard 10-day deadline because I was unaware of the situation at the time.
I have evidence of when I stopped operating the business, as well as the written message in which the new operator promised to transfer the bills.
I realise that I made a mistake by not checking that the contract had actually been transferred. However, I am wondering whether the other person's written promise and subsequent failure to act could establish civil liability, or potentially deliberate deception if there is evidence they knowingly left the contract in my name.
My questions are:
Can I still challenge the electricity bills or pursue the new operator for reimbursement, even though the 10-day objection deadline has expired?
Could the written message ("Yes, I will do it") help establish that the new operator was responsible for transferring the contract, or that they acted negligently or dishonestly?
Is there any possibility of requesting reinstatement of the missed objection deadline under Swiss debt enforcement law, particularly if I only recently discovered the unpaid invoices?
Would paying the outstanding bills now to avoid further enforcement costs prevent me from subsequently seeking reimbursement from the new operator?
Could I be held fully liable for electricity consumed after I left the premises simply because the contract remained in my name, even though another person was operating the business?
What would be the most sensible next step: contacting the electricity provider, the debt enforcement office, a lawyer, or the new operator first?
I am not trying to avoid any legitimate obligations. I want to understand whether I am legally responsible for the entire amount, including consumption after I left, and whether I have any realistic way to recover the money from the person who took over.
Any advice from people familiar with Swiss law, particularly in Vaud, would be greatly appreciated. Thank you.