Validity of a Payment Order Despite Defective Debtor Designation

Facts

M. GmbH operated the company F. + E. AG, Autokranbetrieb, Sch., for a claim of CHF 1,700.-- plus 6% interest since September 13, 1974. In Payment Order No. 131/1975 of the Debt Collection Office Sch., the debtor was listed as the company "F. + E., Autokranbetrieb, Sch.". F. + E. AG filed an objection, whereupon M. GmbH obtained a provisional enforcement order from the President of the District Court.

F. + E. AG filed a complaint and requested that the debt collection proceedings and the enforcement order be declared null and void, as the debtor designation did not comply with the legal requirements. The President of the District Court revoked the debt collection proceedings, which M. GmbH appealed to the higher cantonal supervisory authority. The latter dismissed the complaint and declared the payment order null and void.

M. GmbH filed a recourse with the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court, requesting that the payment order be confirmed.

Considerations

The Federal Supreme Court states that according to case law, not every inaccuracy in the designation of the debtor is equivalent to the non-existence of the debtor. If the defective designation clearly identifies the actual debtor, there is no reason to order the nullity of the payment order.

In the present case, the debtor was designated in the payment order as "F. + E.,…