Facts
In enforcement proceedings against B. Brühwiler, the Debt Collection Office Bern 2 issued an attachment announcement on January 8, 1965, which could not be executed, as the debtor was not found at home. On January 14, the debt collection officer delivered a new attachment announcement to the debtor, who worked at the Federal Tax Administration, for January 18. However, the debtor burned this document in front of the officer's eyes. At the scheduled time, the attachment was carried out in the debtor's apartment, after the door had been opened with the help of a locksmith.
The debtor filed a complaint against the manner of the attachment announcements and the attachment execution. The cantonal supervisory authority dismissed both complaints.
Considerations
The Federal Court dismisses the debtor's appeal. The second attachment announcement of January 14, which formed the basis for the attachment execution, was lawfully issued. The debtor could not thwart the service by destroying the document. The service at his workplace was also permissible, as the debtor's residence and workplace are considered equal places of service.
The Federal Court sees no ground for nullity to be observed ex officio in the fact that the attachment announcement was served by a debt collection officer of the Debt Collection Office Bern 2 in its district, but at the debtor's workplace…