Erroneous note of no objection must be correctedKI-generiert

August Kopp enforced a claim against Georg Kopp in Cham and received the creditor’s copy of the payment order bearing the office note that no objection had been filed. Relying on that note, he sought continuation, and a bankruptcy warning was issued. The enforcement officer later withdrew the warning after discovering that Georg Kopp had in fact timely objected. The creditor complained and then recurred, asking that the bankruptcy warning be maintained. The Federal Court held that the mistaken note created no enforceable rights, that the office had to correct its error and refuse continuation, and that the debtor’s position could not be worsened by the officer’s mistake. The recourse was dismissed.