Rejection of a late appeal in debt collection matters

Facts

The case concerns an appeal against a decision of the District Court of Bülach in a debt collection matter. The High Court of the Canton of Zurich had dismissed the appeal as late, as the appellants had not complied with the statutory appeal deadline of 10 days pursuant to Art. 18 para. 1 DEBA.

The appellants claimed a violation of Art. 18 and Art. 32 para. 4 DEBA. They argued that the appeal deadline could be extended based on Art. 32 para. 4 DEBA, as the justification of the appeal was a correctable error.

Considerations

The Federal Supreme Court dismissed the appeal. It clarified that the appeal deadlines in debt collection and bankruptcy matters are statutory deadlines that must be observed. An inadequate justification of the appeal is not a correctable error within the meaning of Art. 32 para. 4 DEBA.

The Federal Supreme Court stated that the appellants had not complied with the…