Dismissal of the appeal by Sus Vellaz SA in liquidation against the provisional distribution of the rents collected

Facts

On 16 January 1969, Sus Vellaz SA in liquidation initiated enforcement proceedings for the realization of a mortgage lien against Hans Büchler, claiming payment of an outstanding interest balance on three mortgage deeds. On 23 January 1969, Adrien Foretay requested enforcement proceedings for the realization of a mortgage lien against Hans Büchler, seeking repayment of the principal and interest of a mortgage deed.

On 14 April 1969, the debt collection office drew up a schedule of collocation and a provisional distribution table according to which CHF 2,451.20 must be paid to Adrien Foretay, while Sus Vellaz SA in liquidation receives nothing. On 16 April 1969, Sus Vellaz SA in liquidation filed a complaint with the supervisory authority, disputing the regularity of Adrien Foretay's enforcement proceedings and requesting the correction of the distribution table.

On 1 May 1969, the President of the District Court of Lausanne dismissed the complaint. On 24 June 1969, the Debt Collection and Bankruptcy Court of the Vaud Cantonal Tribunal also dismissed the appeal by Sus Vellaz SA in liquidation.

Considerations

The Federal Tribunal dismisses the appeal by Sus Vellaz SA in liquidation. It considers that the law does not require the creditor to indicate in his enforcement request the title under which the claim is due. If the debtor or another creditor disputes the due date of the claim, they must file an objection to the enforcement proceedings or bring an…