Enforcements
Movable property and real estate enforcements
If an attempt to recover a debt carried out in the interest of the creditor out-of-court is unsuccessful, the creditor has no option but to take court action to obtain an enforcement measure (ruling, injunction order, etc.).
Movable property attachment
(vehicles included)
This procedure consists of the forced expropriation and then the sale at auction of the debtor’s assets found at its residence, address, or place of work.
In the majority of cases, having received the attachment deed, it is preferable for the debtor to reach an agreement with the creditor to avoid the forced sale of the seized assets.
Real estate attachment
The procedure is similar to the movable property attachment. In this case, however, the attachment is recorded in the real estate registers in order to be noted to any subsequent buyers. The real estate enforcement may be carried out even for small claims (the minimum limit of €20,000.00 which exists for mortgages registered by state collection agencies such as Equitalia S.p.A. in accordance with Italian Decree Law no. 16/2012, converted with amendments by Italian Law no. 44 dated 26 April 2012, does not, therefore, apply to private entities).
Attachment of one-fifth of the salary and attachment at third parties
The attachment at third parties consists of the subjection to attachment of sums or assets of the debtor which are in the availability of a third party (for example, the bank, employer, social security institution, or a third party debtor).
In the case of attachment of the salary or pension, the law imposes a limit of one-fifth (1/5) of the entire remuneration. It is also possible to attach the staff severance pay due to an employee.
The Reni Law Firm puts its experience at the service of its clients, supporting and assisting them during the complex stages of all enforcement procedures.
