Facts
In this case, it was about an attachment notice issued by the Debt Collection Office Höfe against [A.] in debt collection proceedings initiated by the Swiss Confederation. [A.] filed an appeal against this with the District Court Höfe as the lower supervisory authority, which, however, did not enter into the matter due to a lack of legal interest. Subsequently, the Cantonal Court of Schwyz as the upper cantonal supervisory authority dismissed [A.] 's appeal.
[A.] then filed a civil law appeal with the Federal Supreme Court. She requested the annulment of the cantonal court's decision and the attachment notice in the debt collection proceedings.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the debtor [A.] was indeed entitled to challenge the attachment notice by way of an appeal, as it constituted an appealable order. However, the objection she raised regarding the lack of authorization to represent the creditor by the cantonal Office of Finance acting on behalf of the creditor was made too late, as it should have been raised upon receipt of the payment order.
The Federal Supreme Court clarified that the debtor could no longer challenge the statutory information in the payment order, which also included the debt…