Facts
On January 5, 1988, B. initiated debt collection proceedings against A. in the amount of 14,000 Swiss francs. After A. had filed an objection, the single judge for debt collection and bankruptcy in Nidwalden granted B.'s request for enforcement of debt collection by decision of March 14, 1988.
A. then filed a claim for denial of the claim against B. with the Cantonal Court of Nidwalden on April 25, 1988. However, the Cantonal Court did not enter into the claim on July 13, 1988. The appeal filed by A. against this was dismissed by the High Court of the Canton of Nidwalden by judgment of March 16, 1989.
A. has appealed against this judgment of the High Court to the Federal Supreme Court.
Considerations
The Federal Supreme Court notes that according to Article 83 paragraph 2 of the Debt Collection and Bankruptcy Act, the debtor can file a claim for denial of the claim with the court of the debt collection location within ten days of the granting of the enforcement of debt collection through ordinary legal proceedings. If the cantonal law provides for an ordinary legal remedy against the enforcement of debt collection decision, the deadline for filing the claim for denial of the claim shall not commence until the decision of the higher instance or the expiry of the deadline for legal remedies.
In the present case, the plaintiff A. had, according to the cantonal regulation, until April 11, 1988 to appeal against the enforcement of debt collection decision by way of appeal. Since this deadline fell during the Easter court recess and the…