Facts
The appellant X. filed a complaint with the District Court of Winterthur as the lower supervisory authority, stating that the Debt Collection Office Winterthur-City had sent him a letter on November 3, 2006, summoning him to come to the office during business hours and to collect a payment order within three days at the latest. The lower supervisory authority dismissed the complaint, whereupon X. filed a complaint with the High Court of the Canton of Zurich, II. Civil Chamber, as the upper cantonal supervisory authority in debt collection and bankruptcy matters. The High Court lifted the cost order and dismissed the complaint in all other respects.
By way of a civil law complaint, X. requested the Federal Court to set aside the decision of the High Court and to instruct the Debt Collection Office to serve the debt collection documents in the form provided for by federal law.
Considerations
The Federal Court did not enter into the complaint against the summons to collect the payment order, as this does not constitute a decision within the meaning of Art. 17 SchKG. The summons to collect does not yet constitute service, but merely the notification that an issued, ready-to-serve payment order is available. Since the summons has no impact on the debt collection proceedings and does not impair the legal position of the debtor, it cannot be challenged by way of a complaint.
As far as the complaint concerns the three-day deadline for collecting the payment order, the Federal Court…