VGS corporate lawyers
London

+44 2039665531

Milan

+39 0250043613

  • Home
  • Who we are
  • Practice Areas
    • Company law
      • Setting up a company in Italy
      • Corporate governance
      • Bankruptcy
    • Debt Recovery & Credit Collection
    • Arbitration and Mediation
    • Contracts
      • Acquisition Finance
    • White collar crimes
    • Data protection and GDPR
  • People
    • Avv. Valentina Giarrusso
    • Avv. Flavia Di Pilla
    • Avv. Silvia Pellegrini
    • Avv. Giuseppe Ganci
    • Avv. Valentina Improta
    • Dr. Fabrizio Di Patti
    • Avv. Salvatore Fasciana
    • Dr. Yasine Ajlane
  • News & Blog

Enforcement proceedings by distraint

  • by VGS' Editorial Board
  • 2 May 2019
  • Comment (1)

If the creditor wants to recover a debt by distraint, he cannot do it by means of an invoice or a signed contract only, but he needs a title of execution.
The title of execution is an enforceable document to which the law recognizes an enforceable quality that makes the claim official. Typically, the enforcement title can be a judgment or an injunction.

The injunction (Decreto ingiuntivo) consists of an order of payment issued by the Court, after demonstrating the existence of a claim against the debtor. Specifically, the creditor shall identify a certain exact amount of money (or goods) and provide written proof that his claim is fully grounded (e.g. contract, invoice etc.).

Once the injunction is issued,  the creditor shall notify it, within 60 days and the debtor  thin 40 days the debtor may:

  1. Pay, avoiding foreclosure proceedings and distraint;
  2. Oppose to the injunction, thus starting a trial;
  3. Not pay: the injunction becomes final and the distraint may start.

If the debtor does not pay, the creditor notifies the writ of enforcement, which obliges the debtor to pay within 10 days, otherwise this represents a title to seize his assets.        
If the debtor did not pay within this deadline, enforcement shall proceed by choosing the type of distraint: 

  1. Distraint of movable property (e.g. cars, jewels etc.);
  2. Distraint of immovable property;
  3. Distraint from third parties: it concerns credits or goods of the debtor which are in possession of third parties.

The creditor may select the assets to be distrained. However, if he selects more assets or an asset of higher value than the debt, the debtor may apply to have the selection restricted.
The distraint becomes ineffective if the assignment of the goods to the creditor has not been collected by him, within 45 days.

  • Italian Debt Recovery
  • Italian Legal Advice
  • Legal guide
  • Share:
Previous Article: Italian Insurance Intermediaries and Data Protection Officer appointment
Next Article General Data Protection Regulation Fines and Penalties - Poland

Practice Areas

  • Company law
  • Debt Recovery & Credit Collection
  • Arbitration and Mediation
  • Contracts
  • White collar crimes
  • Data protection and GDPR

Free Consultation

    Tags

    Airbnb Arbitration Artificial Intelligence Auditing Brexit Company Law Company Shares Consent Contracts Cookies Copyright Coronavirus Data DataProcessing Data Protection DPO European Union Eviction Free Title GDPR HealtData HouseHold Agreements Islamic Law Italian Bankruptcy Law Italian Company Law Italian Corporate Law Italian Criminal Law Italian Debt Recovery Italian Entry Visa Italian Intellectual Property Law Italian Legal Advice Italian Privacy Italian Tax Legal guide MedialTreatment Mediation Partnership Patient Personal Data Privacy Processing Research Startup Warranty White Collar Crimes

    Social Links

    • Facebook
    • Instagram
    • LinkedIn

    See also:

    VGS Lawyers

    VGS - Family Lawyers

    © Copyright 2021 | VGS Corporate Lawyers | All right reserved.

    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.OkPrivacy policy