Wage Garnishment and Wage Assignment

Facts

The debtor W. Peyer made a monthly wage assignment of CHF 105 to Kredit-Bank A.G. in Zurich to repay a debt. After changing employment to Gebr. Sulzer A.G., where wage assignments are prohibited by the company regulations, the debt collection office of Winterthur I proceeded with a wage garnishment. Kredit-Bank A.G. complained about this decision, obtaining that the supervisory authority order the opening of a claim proceedings instead of the garnishment of the disputed claims. The debtor W. Peyer then appealed this decision to the Federal Tribunal.

Considerations

The Federal Tribunal considers that the debtor's appeal is admissible, even though he did not oppose the plaintiff's argument at the cantonal instance. The conclusions drawn before the Federal Tribunal are not new within the meaning of Art. 79 para. 1 FJA.

The debtor has standing to complain about the illegal introduction of a claim proceedings, as he has a legitimate interest in avoiding complications and delays in the debt collection proceedings.

However, in the…