Facts
In a wage garnishment procedure, the creditor Lipo-Möbelposten AG requested the debt collection office in Bremgarten to calculate the interest on its claim until the payment of the garnished proceeds to the creditor. However, the debt collection office only calculated the interest up to the point when the employer paid the garnished portion of the salary to the debt collection office. Lipo-Möbelposten AG filed a complaint with the presidency of the Bremgarten court, requesting the payment of interest differences. The cantonal court of first instance partially upheld the complaint, but rejected the creditor's arguments regarding the calculation of interest. The Debt Collection and Bankruptcy Chamber of the Cantonal Court of Aargau dismissed the creditor's appeal.Considerations
The issue to be decided is the calculation of interest in the event of wage garnishment. According to the Federal Tribunal, the debtor's obligation to pay interest on their debt ceases to the extent of the garnished salary amounts and from the moment they are paid to the debt collection office. This interpretation is based on Art. 12(2) DEBA, which provides that the debt is extinguished by payment to the debt collection office. This also applies to a contested wage garnishment, as payment to the office is equivalent to a consignment.…