Facts
In the debt collection case no. 17389 against the debtor de Ry, a claim of the debtor to the proceeds of a bronze bust by Michelangelo valued at CHF 1,000 was attached on 2 December 1959. As the attachable assets were insufficient, the creditor Zanchi received a provisional certificate of loss in accordance with Art. 115 para. 2 DEBA.
On 14 March 1962, the creditor Zanchi applied to the debt collection office for the attachment of further newly discovered assets of the debtor, including a claim of approximately CHF 22,000. The debt collection office granted this application for subsequent attachment on 22 March 1962.
The debtor de Ry filed a complaint against this subsequent attachment on the grounds that the annual time limit pursuant to Art. 88 para. 2 DEBA for filing an application for subsequent attachment had already expired.
Considerations
The Federal Supreme Court upheld the debtor's complaint. According to established case law, an application for subsequent attachment must be filed within the annual time limit since service of the payment order, which applies pursuant to Art. 88 para. 2 DEBA. This time limit is not extended by any objection proceedings or a suspension of the debt collection.
However, the creditor may in such a case instead obtain…