Facts
By payment order dated July 3, 1984, the Canton of Basel-Stadt, represented by the Finance Administration, enforced a claim of CHF 437.- plus costs against M. On June 11, 1985, the President of the Civil Court of Basel-Stadt granted the creditor provisional debt enforcement relief for the aforementioned amount. The debtor M. appealed against this to the Appeals Court Committee of the Canton of Basel-Stadt. He argued that the Basel judge was not competent for the debt enforcement relief, as he had moved his domicile to Münchenstein.
Considerations
The Federal Supreme Court states that according to case law, the jurisdiction for the debt enforcement relief procedure is regulated by federal law. Basically, the judge at the place of debt enforcement is competent. If the debtor has since moved his domicile, the application for debt enforcement relief must be filed with the judge at the new domicile, provided that the debtor has notified the creditor of the change of domicile or the creditor has otherwise become aware of it.
However, the Federal Supreme Court specifies that the debtor must be prepared for the creditor to demand debt enforcement relief at the old place of debt enforcement against the payment order contested by objection. If the debtor allows this to happen, the plea of lack of jurisdiction for this incidental procedure of the debt enforcement is deemed to have been forfeited.
In the present case, the appellant M. did not…