Facts
The complainants, [X.] and [Y.] , had initiated two debt collection proceedings against [Z. AG] as the defendant, each for CHF 3 million, with the reason for the claim stated as "Unlawful acts and damages from cooperation and management of [Z. AG] from January 1, 1995 to June 30, 2004". The complainants filed a legal objection and claimed that the debt collection proceedings were abusive and the description of the reason for the claim was insufficient. The High Court of the Canton of Zurich dismissed the complaints, and the complainants appealed to the Debt Collection and Bankruptcy Chamber of the Federal Court.
The Chamber combined the two proceedings and dismissed the complaints, insofar as they could be considered. The complainants had claimed that the debt collection proceedings were abusive because the defendant had attempted to coerce them into signing a waiver of the statute of limitations. However, the Chamber found that the defendant's initiation of the debt collection proceedings to interrupt the statute of limitations was not objectionable.
The complainants further claimed that the reason for the claim was not sufficiently clearly described. However, the Chamber found that the reason for the claim was sufficiently described, as it was clear that the basis of the claim was the complainants' activities at the defendant company.
Considerations
The Chamber justified its decision by stating that a debt collection proceeding is only null and void in exceptional cases due to abuse of law. Abuse of law occurs when the creditor pursues goals with the debt collection proceeding that have nothing to do with enforcement. However, the Chamber found that the defendant's initiation of the debt collection proceeding to interrupt the statute of limitations was not objectionable.
The Chamber…