Facts
By judgment of the Cantonal Court of Graubünden dated January 3, 2013, X. was ordered to compensate A. with CHF 41,518.70. On June 4, 2013, A. assigned this claim to municipality Y. Subsequently, municipality Y. initiated debt collection proceedings against X. for this claim. X. filed an objection to the payment order.
Municipality Y. applied for definitive debt collection. However, the District Court only granted provisional debt collection. X. appealed against this decision, which was dismissed by the Cantonal Court of Graubünden.
X. then filed a civil law appeal with the Federal Supreme Court and requested the denial of the granting of provisional debt collection.
Considerations
The Federal Supreme Court examined whether the practice of the Cantonal Court of Graubünden to grant only provisional debt collection to the assignee of a judicially established claim is compatible with federal law.
The Federal Supreme Court concluded that the assignee of a claim established in a legally binding judgment can demand definitive debt collection against the debtor, provided that the legal…