Question juridique clé
Whether debt enforcement may be continued against the mother when the payment order was issued against the minor son and the mother was named only as his representative.
Solution extraite
No. The enforcement could only be continued against the son, because the payment order was addressed to him and the mother was mentioned only as his representative.
Motifs extraits
The payment order and the underlying claim were directed against Georg Wetli. The mother was not the debtor; the bailiff therefore lacked a debt-enforcement basis, namely a payment order, for continuing against her. Her failure to lodge an objection did not create a basis for enforcement against her.