Dismissal of the Claim for Revocation of an Enforcement Proceeding pursuant to Art. 85 DEBA

Facts

Y. GmbH initiated enforcement proceedings against X. for a claim in the amount of CHF 31,579.30 plus interest. X. filed an objection to the payment order. Thereupon, X. applied to the District Court of Meilen, based on Art. 85 DEBA, for the revocation of the enforcement proceedings and for the enforcement office to be instructed not to inform third parties about the enforcement proceedings. The District Court did not enter into the request. X. filed a complaint, whereupon the High Court of the Canton of Zurich decided that the claim pursuant to Art. 85 DEBA should be entered into, but it should be dismissed.

X. then filed a civil law appeal with the Federal Supreme Court and requested that the judgment of the High Court be set aside and the enforcement proceedings be revoked based on Art. 85 DEBA.

Considerations

The Federal Supreme Court dismissed the appeal. It stated that the claim pursuant to Art. 85 DEBA is admissible, even if the objection is still pending. The person subject to enforcement can file the claim and prove the non-existence of the debt by means of documents.

The Federal Supreme Court clarified that the…