Attachment of saved wages under Art. 93 SchKGKI-generiert

The debtor Bachmann challenged the seizure of a CHF 40 wage claim attached in enforcement proceedings at the request of Basil Huber. He argued that, because his weekly wage was only CHF 4, the amount was exempt. The cantonal authority rejected the complaint, relying on evidence suggesting earlier higher wages. The Federal Court held that saved wages are relatively exempt and that, where it is uncertain whether a higher wage claim exists, the debtor may insist that the clearly existing cash amount be left to him as competence property. The complaint was therefore upheld and the CHF 40 declared unseizable.