Facts
In the context of two debt enforcement proceedings against Z., domiciled in Thônex, the Debt Collection Office of Geneva has drawn up "non-seizure reports", on the grounds that Z. would be abroad and her new place of residence would be unknown. The creditor filed a complaint with the cantonal supervisory authority, which rejected the complaint on the grounds that the debtor's departure for abroad had resulted in the territorial incompetence of the office.
The creditor appealed to the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court in order to obtain the issuance of the two required certificates of loss.
Considerations
The Federal Supreme Court upheld the appeal. It considered that, insofar as the debtor had allegedly left her Swiss domicile for abroad without establishing the existence of a new domicile or place of residence, the debt enforcement proceedings should continue at her last Swiss domicile, in Thônex.
The Federal Supreme Court also considered that, if the debtor had been validly notified of the seizure, the office should proceed with the execution of the seizure, if necessary with the assistance of the public authorities, in accordance with the provisions of Art. 89 et seq. LP,…