Dismissal of the appeal by the Gauch estate against the attachment in favor of the creditor Hässig and the creditor Morger

Facts

In debt collection case no. 515 of Ms. Katharina Hässig-Fischer against widow Elise Homberger-Staiger, the Zurzach debt collection office attached the property land register no. 148 belonging to the debtor on April 27, 1954. On May 19, 1954, Ernst Gauch-Egloff filed a request for continuation of the debt collection for an amount of CHF 8,413.90. The debt collection office then announced the attachment for May 21, 1954, but was unable to carry out the attachment on that day. On October 29, 1954, the debt collection office attached the properties land register no. 148 and 827 in favor of the creditor Morger. On January 17, 1955, it attached the properties again in favor of Gauch.

Gauch filed a complaint requesting to be allowed to participate in the attachment in favor of Ms. Hässig. The lower supervisory authority granted this request. The debtor then appealed to the cantonal supervisory authority, which confirmed the attachment in favor of Gauch.

The Gauch heirs appealed this decision to the Federal Supreme Court, requesting that Gauch be allowed to participate in the attachment in favor of Ms. Hässig and that Morger be placed behind Gauch and Hässig.

Considerations

The Federal Supreme Court dismissed the appeal. It found that for participation in an attachment within the meaning of Art. 110 DEBA, a decision by the debt collection office is required, whether in the form of a supplementary attachment or a notification of joining the debtor. Automatic participation without the involvement of the office is not possible.

In the present case, the debt…