Facts
A. S. had terminated his employment contract with X. effective January 31, 1994 and on January 28, 1994 had requested the lump-sum payment of his vested pension benefits from the pension foundation Y., as he was leaving Switzerland permanently. On February 8, 1994, X. obtained an attachment order from the single judge in the summary proceedings of the District Court of Zurich against A. S., whereby all of A. S.'s claims for vested pension benefits against the pension foundation Y. were designated as the object of the attachment. On February 10, 1994, the Debt Collection Office Zurich 8 informed the pension foundation Y. that A. S.'s claims against it were seized to the extent of the attachment order and demanded that it surrender them. On March 7, 1994, the Debt Collection Office recorded the execution of the attachment in the amount of CHF 85,973.--.
A. S. filed a complaint against the execution of the attachment, which was dismissed by the District Court of Zurich on June 13, 1994 and confirmed by the High Court of the Canton of Zurich on July 22, 1994. Thereupon, A. S. filed an appeal to the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the appeal. It found that the requirements for the lump-sum payment of the vested pension benefits to A. S. were fulfilled, as he was leaving Switzerland permanently. Thus, the vested pension benefits were subject to seizure and attachment.
The Federal Supreme Court explained that the attachment was executed on February 10, 1994, when the Debt…