Question juridique clé
Whether the cantonal court correctly treated the appeal against the mainlevée decision as time-barred because service was deemed completed under Art. 138 CPC.
Solution extraite
The appeal was late because the record showed that the registered letter about the mainlevée proceedings had in fact been collected, so the appellant necessarily knew of the proceeding and the fiction of service applied.
Motifs extraits
The transmitted postal list and tracking report proved that the registered mail sent on 23 July 2012 was delivered at the counter on 30 July 2012. The appellant's assertion that she had no knowledge of the proceeding was therefore contradicted by the record.