Facts
A. was pursued by B. GmbH with a payment order dated June 19, 2018. A. filed an objection. On September 21, 2018, B. GmbH filed a request for debt enforcement proceedings, which the District Court of Meilen dismissed without entry on December 27, 2018. On January 24, 2019, A. requested the debt collection office to not disclose the debt collection proceedings in accordance with Art. 8a para. 3 lit. d DEBA. The debt collection office rejected the request, as debt enforcement proceedings had been initiated. A. then filed a debt collection complaint, which the cantonal supervisory authorities dismissed. A. then appealed to the Federal Supreme Court with a civil law complaint.
Considerations
The Federal Supreme Court dismisses the complaint. According to Art. 8a para. 3 lit. d DEBA, the only decisive factor for non-disclosure of a debt collection is whether the creditor has initiated proceedings in a timely manner to remove the objection. The outcome of these proceedings, i.e., whether the creditor was successful or not, is irrelevant. The lower court has therefore rightly decided that the unsuccessful debt enforcement proceedings of the debt collection creditor do not preclude the non-disclosure of the debt collection.
The Federal Supreme Court further states that the legislator, with the introduction of Art. 8a para. 3 lit. d DEBA, intended to create a rapid, simple and inexpensive legal remedy to prevent notifications to third…