Kaiser Odermatt and Partner AG – represented by Alexander Kyburz – successfully represented a client before the Higher Court of the Canton of Zurich because the competent district court sought to dismiss the assertion of a legitimate debt collection claim due to alleged formal deficiencies. The district court did not grant the request for an opening of the court proceedings. It found that, with the loss certificate incorporated into the law, the continuation of the debt collection proceedings should be initiated without an opening of the court proceedings before the debt collection office. There was therefore no legal interest in legal protection, which is why the opening of the court proceedings should not be initiated. The Higher Court correctly found that although every attachment loss certificate from a debt collection procedure initiated by a payment order allows the creditor to continue the debt collection without a new payment order, this does not apply if a loss certificate originates from a debt collection procedure that has already been continued in accordance with Art. 149 Para. 3 of the Debt Collection Act (SchKG). If a renewed attachment based on a request under Article 149, Paragraph 3 of the Debt Collection Act (SchKG) results in a certificate of loss, this second certificate of loss no longer entitles the debtor to request continuation without a payment order, and if the debtor submits a legal objection, the opening of legal proceedings must be initiated. The decision to dismiss the debtor thus unlawfully stifled the client's legitimate interests by means of a "summons court."