Facts
In debt collection case No. xxx, on 3 November 2016, the Debt Collection Office Zurich 7 served the attachment notice on the appellant [A.] . [A.] filed an objection with the District Court of Zurich, as in his opinion the debt collection proceedings could not be continued without a legally binding payment order. The District Court and subsequently also the High Court of the Canton of Zurich as the higher cantonal supervisory authority dismissed the appeal.
[A.] then filed an appeal with the Federal Supreme Court. He requested the annulment of the High Court's judgment, alternatively a remand to the lower instance for a new decision. By presidential order dated 2 March 2017, the appeal was partially granted a suspensive effect, so that the attachment proceedings could not be continued during the federal court proceedings.
Considerations
The Federal Supreme Court did not enter into the appeal. It found that the continuation of debt collection proceedings for attachment or bankruptcy can only be requested by the creditor and that a legally binding payment order must be in place. If there is an objection, the continuation can only be demanded based on an enforceable decision that expressly removes the objection.
In the present case, the District Court had granted the definitive debt enforcement on 21 October 2016, thereby removing the appellant's objection. This decision was notified on 31…