Facts
On 23 March 1961, the Municipal Council of Littau took over the guardianship of Alois Boog from the Municipal Council of Geuensee and appointed Walter Jenny as the guardian. On 18 May 1961, the Municipal Council of Littau decided to transfer the guardianship to the authority of Ebikon, where Boog had moved, and to dismiss Jenny from his office. On 14 October 1961, the Municipal Council of Ebikon took over the guardianship and appointed A. Birrer as the new guardian.
In the meantime, on 26 September 1961, the Debt Collection Office of Littau had served the payment order in a debt enforcement against Boog on the dismissed, but not yet replaced, guardian Jenny. Since Jenny did not file any legal objection, the Debt Collection Office of Littau issued the seizure notice on 26 October 1961 at the creditor's request. Thereupon, Boog filed an appeal on 8 November 1961, requesting that the debt enforcement be declared null and void. When the Debt Collection Office of Ebikon issued a new seizure notice on 15 November 1961, Boog filed another appeal on 27 November 1961.
The lower and cantonal supervisory authorities did not enter into the appeals, as Boog was under guardianship and therefore not legitimized to file the appeal.
Considerations
1. Appeal legitimacy The ward cannot file such an appeal himself. However, an appeal filed by a lawyer and approved by the guardian is effective, even if this approval is given after the expiry of the appeal deadline.
2. Lack of local jurisdiction of the Debt Collection Office The lack of local jurisdiction of the…