Notification of proceedings
Notification of proceedings
"I have to withdraw debt collection documents for people in my care as a curator. A few days ago, I went to the post office to collect a debt, but first I wanted to find out which of my wards it was for and how much was being claimed. However, I was met with a categorical refusal from the clerk to show me the contents of the order to pay. I therefore had to decide to accept the withdrawal without knowing anything about the content of this document. I'm outraged by this approach. Is this legal?
Dominique P.
According to article 64 of the Federal Law on Debt Collection and Bankruptcy (LP), debt collection proceedings must be served on the debtor at his home or place of business. The debt must be served personally on the debtor or on his legal representative if he is under parental authority or guardianship. The summons to pay constitutes an act of debt collection within the meaning of this provision.
Article 72 of the Debt Enforcement Act provides that the summons to pay is served by the debt collector, by an employee of the debt collection office or by post. When notification is made by post, the postal agent acts as an auxiliary of the debt collection office, so that the actions of the postman are imputed to the debt collection office. In order to attract the attention of the debtor, the summons to pay must be communicated to him by formal notification. This involves handing the document over to the debtor or the person authorised to receive it, whether or not that person is aware of its contents. A record of service must be drawn up by the agent serving the document, which certifies the date of service and the identity of the natural person to whom the document was served. The purpose of this method of notification is to ensure that the summons has actually been brought to the attention of its addressee or a person entitled to receive it.
The debtor and any other persons to whom notification may be made are obliged to accept delivery of the summons to pay served on them. As a result, if they refuse, the notification is deemed to have been validly executed. In your capacity as curator of the person concerned by the summons to pay, you are therefore obliged to accept delivery of the summons, regardless of whether or not you are aware of it. In practice, you can see the information contained in the document when it is presented to you, without having the choice of whether or not to accept the document itself. If you wish to object to the contents of the document, article 74 of the LP stipulates that you must, either orally or in writing, immediately notify the person who gives it to you or the office within ten days of being notified of the objection.
