Facts
- On June 19, 1961, Ralph R. Moor filed a debt collection request with the Debt Collection Office Zurich 1 against the "AG für Presseerzeugnisse, Administration" (publisher of the daily newspaper BLICK) with its registered office at Bahnhofstrasse 69 in Zurich. - The payment order served on June 20, 1961 contained the address "Bahnhofstrasse 69/Office Dr. Hugo Gut Verw.R.Präs.". - The process server handed over the payment order to an employee named Walter Stocker, as he did not find Dr. Gut or any other member of the management or an authorized signatory of the debtor on the premises at Bahnhofstrasse. - The debtor filed an objection, as its domicile was registered in the Commercial Register as Löwenstrasse 11. Thereupon, the Debt Collection Office revoked the service of June 20, 1961 and served a new payment order on Dr. Gut.Considerations
1. The Debt Collection Office can only revoke a decision it has issued during the appeal period, unless the decision is null and void. The service of a debt collection document on an unauthorized person is effective if the document actually reaches the debtor or a representative of the company and the debtor does not file an appeal within 10 days. 2. According to Art. 65 DEBA, in debt collection proceedings against a joint-stock company, the debt collection documents must first be served on a member of the management or an authorized signatory. Only if these…