Facts
On February 25, 2015, the Cantonal Social Insurance Office of Zurich (SVA) declared the withdrawal of the debt collection proceedings it had initiated against A. at the Debt Collection Office Niederhasli-Niederglatt. The Debt Collection Office recorded the withdrawal and imposed the following costs:
- Recording of the withdrawal: CHF 5.00 (Art. 42 GebV SchKG)
- Cost statement and order: CHF 8.00 (Art. 9 para. 1 GebV SchKG)
- Postage: CHF 5.30 (Art. 13 para. 1 GebV SchKG)
- Total: CHF 18.30
The SVA filed a complaint against this cost order. The lower and upper cantonal supervisory authorities annulled the order and determined that the recording of the withdrawal of debt collection proceedings was exempt from fees. Subsequently, the Debt Collection Office filed a civil law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court overturned the judgment of the upper cantonal supervisory authority and confirmed the obligation to pay fees for the recording of the withdrawal of debt collection proceedings.
Pursuant to Art. 42 GebV SchKG, a fee of CHF 5.- is to be charged for non-specifically tariffed entries by the Debt Collection Office. The withdrawal of the debt collection proceedings by the creditor constitutes such an entry, for which no exception from the obligation to pay fees is provided.
The guidelines of the Canton of Zurich, which provide for the exemption from fees for the recording of the…