Dismissal of appeal against the validity of a payment order with a digital signature

Facts

Parties:
Appellant: [A. AG]
Respondent: [B.]
Debt Enforcement Office SocRA

Facts:
With payment order No. xxx of the Debt Enforcement Office SocRA dated July 26, 2023, [A. AG] was sued by [B.] for a claim of CHF 450,000 plus 6% interest since July 17, 2023. [A. AG] applied to the Higher Court of the Canton of SocRA to declare the payment order null and void and to lift the enforcement proceedings. The Higher Court dismissed the appeal with a judgment dated September 13, 2023. [A. AG] subsequently filed an appeal with the Federal Supreme Court, which was also dismissed.

Considerations

The appeal against the service of the payment order was filed in time and is admissible, subject to sufficient justification. The appeal may in particular raise the violation of federal law. The violation of constitutional rights must also be justified, with the principle of pleading applying here.

The payment order bears the stamp of the Debt Enforcement Office SocRA and a scanned signature of the head of the Debt Enforcement Office. The appellant objected that the signature did not meet the requirements of Art. 6 of the Ordinance on the Forms and Registers to be Used in Debt Enforcement and Bankruptcy Proceedings and on Accounting (FRAO). However, the objection proves to be unfounded. According to Art. 6 FRAO, facsimile stamps may be used, which also includes digital signatures. The lower court rightly held that the facsimile signature does not have to be affixed with a physical stamp, but can also be created digitally and…