Refusal of the debt collection office to take custody of the security titles belonging to the debtor

Facts

Company X. AG obtained a garnishment order on various properties belonging to Y. for a claim of 2'850'000 Swiss francs. The cantonal court rejected Y.'s request to return a real estate security title of 100'000 francs deposited as collateral. After the security title was withdrawn from the debt collection office, X. AG filed a complaint against this decision. The cantonal authorities partially upheld X. AG's appeal and ordered the deposit of the 100'000 franc security title with the debt collection office. X. AG then appealed to the Federal Supreme Court.

Considerations

The Federal Supreme Court dismisses X. AG's complaint. It considers that the debt collection office is only obliged to take custody of the security titles belonging to the debtor if they have been previously seized or sequestered. However, in this case, only the properties were seized, not the security titles encumbering them. Consequently, the office was not obliged to take these titles into custody.

Furthermore, the Federal Supreme Court considers that the other security measures requested by X. AG, such as…