Questione giuridica chiave
Whether the municipal tax invoice was a valid title for definitive enforcement despite disputed service
Decisione estratta
The 31 August 2017 communal tax invoice was a valid definitive enforcement title, and the municipality proved effective service by the file materials and debtor conduct.
Motivazione estratta
For a monetary administrative decision, the creditor must prove enforceability, including proper service, when the debtor contests service. Here the pre-instance record showed payments, the tax assessment was not disputed, and the debtor’s written statement acknowledged the debt and promised instalment payments; no objection under Art. 81 SchKG was raised.