Facts
At the request of Sch., the debt collection office issued a payment order against the X. Insurance Company for a claim of one million francs plus interest and costs. The payment order was received at the company's registered office by its cashier. After no objection was raised within the deadline, the creditor filed the request for continuation, whereupon the debt collection office issued the bankruptcy threat.
The X. Insurance Company complained about the service of the payment order to the cantonal supervisory authority, requesting the annulment of the payment order and the bankruptcy threat, but was rejected. In contrast, the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court upheld the appeal filed by the X. Insurance Company.
Considerations
The Federal Supreme Court states that according to Art. 65 para. 1 no. 2 DEBA, debt collection documents must be served on a corporation to a member of the management or a procurator. Substituted service pursuant to Art. 65 para. 2 DEBA is only permissible if service on a representative within the meaning…