Update Letter Nr. 122

Pursuant to art. 278 para 1 DEBA, an objection to attachment proceeding must be submitted within 10 days; the deadline for the debtor runs from the date of service of the attachment deed by the debt enforcement office. In accordance with standard practice, the creditor needs to submit only the objection within 10 days and request that the court sets a deadline for the submission of the reasoning for the objection (DFSC 5A_545/2017 E. 3.1).

At the same time, service of the request for attachment is usually requested. If the debtor lives abroad or has his registered office abroad, it is possible that the debt enforcement office may, upon request, extend the deadline of Art. 278 para. 1 DEBA for the debtor - once or several times - in accordance with art. 33 para. 2 DEBA. If the debtor submits the attachment objection to the court during this period, the question arises whether he can still submit it without reasoning. This is, in principle, permissible because the art. 278 para. 1 DEBA statutory time limit applies only to filing an attachment objection not to filing the reasoning for the objection.

Judgment High Court Zurich 18/6/2020 (ZR 2020 Nr. 31)