Facts
On June 10, 2011, the Justice of the Peace of the District of Morges issued the final release of the opposition filed by A. to the payment order that had been notified to him by Bank X. A. appealed this decision to the Enforcement and Bankruptcy Court of the Cantonal Tribunal of the Canton of Vaud, which set a deadline of September 8, 2011 for him to pay the advance on the appeal costs. On September 8, 2011, A. requested legal aid, but the President of the Enforcement and Bankruptcy Court sent him the legal aid application form by registered mail on September 21, 2011, setting a deadline of October 3, 2011 for him to return it with the necessary supporting documents, failing which the request would not be considered. The notice also stated that the deadline for paying the advance on costs was extended to October 3, 2011, failing which the appeal would not be considered. A. submitted the legal aid application form on October 5, 2011, also requesting the restoration of the deadlines set for October 3, 2011. By judgment of October 12, 2011, the presiding judge of the Enforcement and Bankruptcy Court considered the appeal as not having been filed and struck the case from the roll.
Considerations
The Federal Tribunal upheld the appeal, finding that setting the same deadline for the appellant to submit the documents related to his legal aid request and to pay the advance on costs was not admissible, as these two elements are mutually exclusive. According to the Federal Tribunal, the instructing judge cannot require the appellant to pay an advance on costs as long as his legal aid request has not been rejected. By…