Facts
The case concerns a payment order issued by the Debt Collection Office Zurich 9 at the request of S. against B. The grounds for the claim were merely indicated as "damages". B. filed a complaint against the payment order, which was dismissed by the District Court of Zurich and the High Court of the Canton of Zurich.
B. then filed an appeal with the Federal Supreme Court and requested that the payment order be declared null and void or at least revoked.
Considerations
The Federal Supreme Court upheld the appeal. It stated that the payment order did not meet the legal requirements under Art. 67 para. 1 no. 4 of the Debt Collection and Bankruptcy Act, as the grounds for the claim were merely described as "damages". The payment order must allow the debtor, together with the other information, to decide on the recognition of the claim asserted, without having to file a legal objection to obtain more details about the claim.
In the present case, the brief description…