Debt execution and attachment
But usually, the enforcement procedure is started because an invoice – despite one, two or three warnings – is not paid. In short, the procedure involves the following steps: Clarification at ceruleangallery.com
The creditor submits an enforcement request to the competent enforcement office at the debtor’s domicile and pays an advance on expenses, the amount of which depends on the amount of credit on which the application is made.
Application for enforcement
Executive order Once the application is received, the execution office notifies directly the executive precept with which the debtor is ordered to pay the overdraft debt within 20 days.
When you receive the precept you have basically two possibilities: accept it and pay within 20 days or contest the claim by making an opposition within 10 days. If you pay the principal and interest debt to the execution office by the due date, the execution ceases but remains recorded in the executions register.
If you object, the execution is temporarily suspended. Without the intervention of the judge, the creditor cannot proceed further. The opposition must not be motivated, because it is up to the creditor to prove the existence of the credit.
Elimination of the opposition
The creditor has two possibilities for obtaining the elimination of the opposition: rejection and action. If you have a written debt acknowledgment in hand, a certificate of a shortage of assets or even a sentence, you can choose the way of rejection, simple and inexpensive. If your claim is not based on any such document, the creditor must assert it with an application for recognition, a complex and expensive procedure.
Continuation of execution: attachment or bankruptcy
When the judge pronounces the final rejection of the opposition, the creditor can request the continuation of the procedure from the enforcement office, which decides whether the path to follow is that of attachment or bankruptcy. Put simply, anyone who is registered in the commercial register as a trader is filed for bankruptcy, while all other people are normally prosecuted foreclosure.
The execution in the process of foreclosure is foreseen for all debtors if it concerns tax or maintenance debts. It entails the realization of the assets of the distrained debtor up to the amount of the claimed credit unless such assets are indispensable for living or working.
Furthermore, once the existential minimum established by the relevant legislation has been deducted, future wages can also be attached, but for a maximum of one year. In the event of bankruptcy, on the other hand, all the seizable assets are realized, but the income does not fall within the bankruptcy estate.
Issuing a certificate of a shortage of goods
If the realization of the goods and the garnishment of wages in one year have not produced sufficient revenues to fully satisfy the creditor, the execution office issues a certificate of shortage of goods, a document in which the amount is reported still discovered. This amount does not produce interest. The credit subject to execution is prescribed in 20 years.
But with the release of the certificate of a shortage of goods, it is still not said that calm will return: the existential minimum does not include current taxes and in the year of foreclosure of wages you will probably contract new debts. Furthermore, the creditor in possession of a certificate of a shortage of assets can immediately request a new attachment.