Facts
In this case, it was about debt collection proceedings initiated by the [X.] Health and Accident Insurance (hereinafter: [X.] ) against [Z.] at the Debt Collection Office Zurich 2. [Z.] had filed an objection to the debt collection, which [X.] removed with a decree dated December 30, 2010. Since [Z.] did not collect the registered mail with this decree, [X.] filed a request for continuation on March 17, 2011. However, the debt collection office rejected this request, as proof of proper service of the decree was missing.
[X.] appealed against the decision of the debt collection office, which was initially rejected by the District Court of Zurich and subsequently also by the High Court of the Canton of Zurich.
Considerations
The Federal Supreme Court confirmed the decisions of the lower instances. It stated that debt collection proceedings can only be continued if the debtor has properly received the decision on the objection. However, this is not the case if the addressee does not collect the registered mail and could not have expected the service.
In the present case, the insured person [Z.] had not collected the registered mail from…