Timeliness of Payment of the Court Cost Advance

Facts

The District Court of Hinwil granted the definitive enforcement to the City of A., represented by the Alimony Assistance East Region, in the debt collection proceedings initiated against X. on September 13, 2012. X. appealed the enforcement decision to the High Court of the Canton of Zurich on December 31, 2012, which did not enter into the appeal on March 13, 2013 due to the late payment of the cost advance of CHF 300.

In a submission dated April 21, 2013, X. filed a civil law appeal with the Federal Supreme Court and essentially requested the annulment of the High Court's non-entry decision and the entry into the legal remedy.

Considerations

The Federal Supreme Court upholds the appeal. According to Art. 143 para. 3 CPC, the deadline for a payment to the court is met if the amount has been transferred to the Swiss Post or debited to a postal or bank account in Switzerland no later than the last day of the deadline. The burden of proof for the timeliness of the cost advance payment lies with the litigant.

The High Court designated February 26, 2013 as the "payment and booking date" for the cost advance, without there being any factual basis for this. According to the law, the value…