Decision on the Deletion of an Enforcement Proceeding from the Debt Collection Register

Facts

The appellant [X.] requested the Debt Collection Office [A.] to delete the enforcement proceeding No. .../BA [A.] from the register due to payment. The Debt Collection Office rejected this request. Subsequently, the appellant's appeal against this decision was dismissed by the District Court of Lucerne-Land and the High Court of the Canton of Lucerne. The appellant then brought the matter to the Federal Supreme Court.

Considerations

The Federal Supreme Court states that according to Art. 8a DEBA, enforcement proceedings whose underlying debt has been paid directly to the Debt Collection Office must continue to appear in the debt collection reports, as they can provide information about the willingness to pay. The wording of Art. 8a para. 3 DEBA is clear in that enforcement proceedings that have been paid, such as that of the appellant, are not excluded from the provision of information to third parties. This also corresponds to the legislator's intention, as can be seen from the materials. Removal of the enforcement proceeding from the register is only possible if the…