Dismissal of the request for continuation in the case of a timely filed objection

Facts

In debt collection case no. 3436, the debt collection office served the creditor with a copy of the payment order that had been served on the debtor on January 16. It was noted that no objection had been filed. The creditor then filed a request for continuation on January 30, 1958. However, the debt collection office informed the creditor that the debtor had filed a timely objection. The creditor then filed a complaint, as the payment order indicated that no objection had been filed. The cantonal supervisory authority and the Federal Supreme Court, however, dismissed the complaint, as the proof of the timely filed objection was provided by the report of the debt collection office.

Considerations

The Federal Supreme Court explains that the objection under Art. 74 para. 1 DEBA is made by oral or written declaration to the debt collection office and, pursuant to Art. 78 para. 1 DEBA, results in the suspension of the debt collection proceedings. Whether the debt collection office correctly communicates this declaration to the creditor on the copy of the payment order or not, cannot affect the effect of the objection. The note on the creditor's copy of the payment order is merely an official certification that remains…