Facts
The appellant [A.] objects to the attachment announcements of the Uster Debt Collection Office in the debt collection proceedings No. uuu and No. vvv, which were initiated at the request of the respondents [C.] A.G. and [B. AG] . The appellant considers the requirements for the attachment announcements not to be fulfilled and claims that the underlying debt collection proceedings are simulated and void.
The Federal Supreme Court dismisses the appeal, insofar as it is to be considered. It states that the service of the payment orders by public announcement in the Official Gazette of the Canton of Zurich was carried out correctly, as the appellant, as a Swiss citizen residing abroad, did not receive the payment orders in a timely manner through the Swiss Embassy in Stockholm. Since no legal objection was raised in both debt collection proceedings, the attachment announcements of the Uster Debt Collection Office are lawful.
Considerations
The Federal Supreme Court explains that the creditor can only file the request for continuation once the payment order has become legally binding, i.e., if the debtor has not raised a legal objection or if such an objection has been definitively removed by the judge. If there is a valid request for continuation, the debt collection office announces the attachment, provided that the attachment procedure is applicable at that time.
The appellant raises various objections to the attachment announcements, which the Federal Supreme Court, however, does not consider to be well-founded. In particular, it does not see a violation of Art. 64 CPC, as the possibility of multiple debt…