Service of the Payment Order at the Debt Collection Office

Facts

In this case, it was about the cost calculation of the Debt Collection Office Horgen for the service of a payment order to the debtor. The Debt Collection Office had invited the debtor to collect the payment order at the office, which she did. Thereupon, the Debt Collection Office demanded fees and expenses from the creditor, X. AG, amounting to a total of CHF 30.-, of which CHF 10.- were to be paid additionally.

X. AG filed a complaint against this cost calculation. The District Court Horgen as the lower cantonal supervisory authority reduced the costs to CHF 26.- (or the amount to be paid additionally to CHF 6.-). X. AG then appealed to the High Court of the Canton of Zurich as the upper cantonal supervisory authority, which dismissed the complaint.

Finally, X. AG filed a civil law appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court upheld the appeal. It stated that for the service of the payment order at the Debt Collection Office, only the fee of CHF 20.- is to be charged in accordance with Art. 16 para. 1 GebV SchKG. No further expenses for the service are owed, as the open handover of the payment order to the debtor at the office is included in the fee and no additional expenses such as postal charges are incurred.