Nullity of the notification of payment orders during civil service of the debtor

Facts

The Federal Tribunal was seized of an appeal against a decision of the Supervisory Chamber of Debt Collection and Bankruptcy Offices of the Canton of Lucerne. The appellant, A., was then in civil service. The court found that the notification by publication of the payment orders against him during the duration of his civil service was null and void.

Considerations

According to the case law of the Federal Tribunal, the notification of a payment order to a debtor in military, civil or civil protection service is completely ineffective, i.e. null and void. The soldier, the conscientious objector or the civil protection personnel must be able to forget without inconvenience the payment order that was notified to him during his service, and he cannot be asked to take measures during his service that would remind him of his obligations after his release.

The Federal Tribunal sees no reason to depart from this case law. Although the duration of military, civil or civil protection service today is no longer comparable to that of active service in wartime, the law does not make a distinction according to the duration of the service. Moreover, the case at hand…