Facts
Z. AG filed a debt collection request against X. for a claim of CHF 3,876. As the debtor had left his domicile and was untraceable, the payment order was notified by publication. X. then filed a complaint with the supervisory authority, requesting the cancellation of the payment order, compensation of CHF 1,000, and the publication of a rectification. During the cantonal proceedings, the creditor withdrew the debt collection proceedings. The cantonal authority then refused to consider X.'s complaint.Considerations
According to case law, the debtor can contest the edictally notified payment order by way of a complaint (Art. 17 DEBA), even if he had filed a timely objection, as the edictally notification may call into question the place of the debt collection or result in costs and affect moral interests. However, the complaint is inadmissible if it is solely aimed at establishing the illegality of the edictally notification, without being able to obtain a correction of the procedure.
In the present case, as the debt collection proceedings were withdrawn during the cantonal proceedings, it is no longer possible to correct any irregularity…