Local jurisdiction

The distraint order has to be requested at the location of the assets which are to be seized. This requires that the applicant knows or is able to convince the judge, where the assets are located. If several objects are to be seized in different locations, the creditor has to apply for a separate distraint order in each of these places.

In the course of the proceedings, further locations may be discovered. The creditor may usually choose whether he or she prefers to continue at the place of residence of debtor or at the location where the distraint order was obtained. If prior action was initiated in ordinary proceedings, the jurisdiction of the court is determined by the federal law on jurisdiction.

Material jurisdiction

The motion for distraint is decided on in summary proceedings usually in care of a judge sitting alone. This also applies to other proceedings concerning debt collection such as the proceedings to have objections set aside, proceedings in case of objection to a distraint order or proceedings against a debtor who refuses to comply with the execution of a distraint order.

In cases of ordinary proceedings (e.g. objection proceedings) the ordinary courts have jurisdiction according to the canton’s procedural code.

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