Facts
Ms. Z., an employee of B. AG in Z., received three payment orders issued against T. AG. When T. AG subsequently filed an objection, the debt collection office informed it that the objection was late. The cantonal supervisory authority dismissed T. AG's complaint against the service of the payment orders.
In contrast, the Debt Collection and Bankruptcy Chamber of the Federal Supreme Court upholds the appeal filed by T. AG and instructs the debt collection office to re-serve the payment orders based on the debt collection requests supplemented by the creditors with the name and address of the representative of B. AG.
Considerations
The Debt Collection and Bankruptcy Chamber states that for corporations domiciled in Switzerland, the principal place of business is the exclusive general place of debt collection. If the company has no business office at the place of the registered office, it must be registered in the commercial register with whom the domicile is located at that place.
The service of debt collection documents is determined by the conclusive regulation of debt collection law. In debt collection proceedings opened against a corporation, service must be made to a representative of the same, and each member of the administration as well as each authorized signatory is considered as such.
Since T. AG has established its…