Question juridique clé
Whether the appeal against the justice of the peace's decision was available in the form chosen by the appellant.
Solution extraite
The chosen appeal by nullity/reform was not available; the proper remedy against such a decision was an ordinary action under Art. 265a para. 4 LP.
Motifs extraits
Decisions on opposition to return to better fortune are, as a rule, final. Under the applicable cantonal law and case law, only a nullity appeal is exceptionally open for specific procedural defects, whereas a challenge to the merits of the receivability ruling must be brought by ordinary action before the debt-enforcement forum within twenty days.