Facts
The case concerns the question of whether a debt collection action taken during the debt collection holidays is null and void or contestable. The appellant had argued that the service of the payment order by the debt collection office on the debtor during the debt collection holidays constituted an invalid debt collection action.
The Federal Supreme Court had to decide whether the service of the payment order during the debt collection holidays was legally effective or not.
Considerations
The Federal Supreme Court stated that according to Art. 56 para. 3 DEBA, debt collection actions may not be taken during the debt collection holidays. However, such actions are neither null and void nor contestable. Rather, they only take legal effect on the first day after the expiry of the debt collection holidays.
The Federal Supreme Court referred to its consistent case law, according to which the service of the payment order by the debt collection office on the debtor does indeed constitute a debt collection action within…