Facts
The complainant A. was pursued by the debt collection office Dorneck for claims totaling around CHF 450,000 in 14 debt collection proceedings. On September 26, 2018, the debt collection office created the seizure document No. x and seized two cars, a Mercedes SLS 63 AMG and a Ferrari F430 Spider F1, which were estimated at CHF 180,000 and CHF 90,000, respectively. In addition, a property in V. was seized and estimated at CHF 30,000.
The complainant appealed to the supervisory authority for debt collection and bankruptcy of the canton of Solothurn and requested the cancellation of the seizure and the proper estimation of the seized assets. The supervisory authority dismissed the complaint.
The complainant filed a complaint in civil matters with the Federal Supreme Court and requested the cancellation of the higher court's judgment and the cancellation of the seizure.
Considerations
The Federal Supreme Court examined the complaint and came to the conclusion that the estimation of the seized assets by the debt collection office was not objectionable. The estimation must take into account all elements that may affect the award and must determine the probable sale value of the item.
The Federal Supreme Court found that the debt collection office did not exceed its discretion when it carried out the estimation of the two vehicles itself, instead of calling in an expert. The complainant's submissions were limited to criticizing the debt collection office's estimation, which the Federal Supreme Court cannot address due to its limited scope of review.
However, the Federal Supreme Court decided that…