Facts
The Swiss Confederation and the Canton of Zurich appealed against a decision of the district court ordering the debt collection office to indicate the name of the debtor's employer in the wage garnishment record. The main issue was whether federal law requires or does not require the name of the employer to be mentioned in the wage garnishment record.
Considerations
The Debt Collection and Bankruptcy Chamber of the Federal Supreme Court considered that Art. 112(1) DEBA does not oblige the debt collection office to indicate the name of the employer in the wage garnishment record. Although this information may be useful in certain cases, its inclusion is a matter of discretion left to the debt collection office.
Furthermore, the Chamber held that the indication of the employer's name does not infringe the rights of the creditors, particularly in view of Art. 100 DEBA which requires the debt collection office to safeguard the seized claims. Indeed, the assignment of…