Facts
The dispute concerns the obligation of the authorities, in particular the competent social insurance offices, to inform the debt collection office in the context of the execution of a seizure. The Federal Supreme Court was seized of an appeal against a decision of the Debt Collection Office of Zurich 4 which had demanded information from the compensation fund of the canton of Zurich.Considerations
The Federal Supreme Court considers that Art. 91 para. 5 DEBA not only authorizes the debt collection office to request the necessary information from the authorities for the execution of the seizure, but also imposes an obligation on the authorities, in particular the competent social insurance offices, to inform the debt collection office. This obligation arises directly from the law and it is not necessary to initiate additional administrative proceedings to obtain this information.
Regarding the scope of the information to be provided, the Federal Supreme Court specifies that the income of the debtor's spouse must also be taken into account for the calculation of vital needs. Accordingly, the cantonal court was wrong to have…