Reimbursement of Fees for Invalid Debt Collection Decrees

Facts

In this case, it involved a debt collection by City-Umbau A.G. in Zurich against Ms. Meier in Zurich for outstanding mortgage interest. The Debt Collection Office Gansingen issued a payment order on February 7, 1955, which was served on the debtor Ms. Meier by ordinary registered mail. Ms. Meier received the payment order only on February 11, 1955, as her address was incorrectly stated in the debt collection request.

Thereupon, Ms. Meier filed a complaint against the payment order and requested its annulment and reissue at the expense of the Debt Collection Office. Furthermore, she requested that the Debt Collection Office be reprimanded for wrongfully notifying the Savings Bank and the Bank Association of the rent lien, thereby damaging her credit.

The lower supervisory authority discontinued the complaint proceedings on February 21, 1955, as the debt collection had been withdrawn. Ms. Meier appealed to the cantonal supervisory authority with the requests to reimburse the costs of CHF 17.50 to the Debt Collection Office and to determine the existence of an inappropriate decree by the Debt Collection Office with regard to a possible credit damage lawsuit.

Considerations

The Federal Court made the following findings in its decision

1. The complaint to the lower supervisory authority already aimed at the reimbursement of the fees, as the appellant had requested the annulment of the payment order "at the expense of the Debt Collection Office".

2. a) The postal service of the payment order did not comply with the legal regulations, as it was not carried out in the manner prescribed by the Postal Regulations. However, since the debtor had nevertheless personally received the payment order, it was not invalid, and the costs incurred for it did not have to be reimbursed.

b) The premature notification of the rent lien to the tenants was contrary to Art. 91 VZG, but would have had to be made a few days later anyway, so a reimbursement of the costs for this was out of the question.

c) The notifications to the Savings Bank and the Bank…