Facts
The case concerns the question of whether a legal objection against an enforcement can be validly filed by fax. The appellant, who had filed the legal objection by fax, argued that this was inadmissible and that the legal objection could only be filed in writing with a signature.
However, the Federal Court dismissed the appeal. It stated that according to Art. 74 para. 1 DEBA, the legal objection can also be filed orally. Therefore, a legal objection by fax is generally admissible, as long as there are no doubts about the identity of the caller. In exceptional cases where such doubts exist, the debt collection office may reject the telephone legal objection and request the caller to submit the declaration in writing or orally at the office.
In the present case, the Federal Court saw no indications of such doubts about the identity of the appellant. The appellant's objections that a third party could manipulate the legal objection by fax were rejected as unrealistic and unsubstantiated.
Considerations
The Federal Court concluded that a legal objection against an enforcement can generally be filed by fax, as long as there are no doubts about the identity of the declarant. It dismissed the appeal of the appellant, who had filed the legal objection by fax.
The Federal Court emphasized that according to Art. 74 para. 1…