Calculation of the Subsistence Minimum in Wage Garnishment

Facts

In this case, the issue was the calculation of the subsistence minimum in a wage garnishment against X. The Debt Collection Office of Basel-City had carried out wage garnishments on October 16, 1992 and January 4, 1993, and had determined the subsistence minimum of X. X. filed a complaint with the cantonal supervisory authority, which however dismissed it on March 23, 1993. Thereupon, X. appealed to the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court.

Considerations

The Federal Supreme Court decided as follows

1. Duty of the Debtor to Cooperate The debtor is obliged to inform the Debt Collection Office of the essential facts and evidence for the determination of his subsistence minimum already at the time of the garnishment, not only in the complaint proceedings.

2. Grounds for Complaint An appeal under Art. 19 DEBA can only allege a violation of federal law, not a violation of constitutional rights, for which the constitutional complaint is responsible.

3. Consideration of Expenses:

• The costs for the private school attendance of the children cannot be taken into account in the subsistence minimum.
• The housing costs are only to be taken into…