{"id":8236,"date":"2018-07-18T15:33:17","date_gmt":"2018-07-18T13:33:17","guid":{"rendered":"http:\/\/www.dcesrl.com\/newsite\/2018\/07\/18\/pignoramento-online-per-i-debitori-tempi-duri-ora-si-puo-procedere-dal-computer\/"},"modified":"2019-03-18T10:47:36","modified_gmt":"2019-03-18T09:47:36","slug":"pignoramento-online-per-i-debitori-tempi-duri-ora-si-puo-procedere-dal-computer","status":"publish","type":"post","link":"https:\/\/www.dcesrl.com\/newsite\/2018\/07\/18\/pignoramento-online-per-i-debitori-tempi-duri-ora-si-puo-procedere-dal-computer\/?lang=en","title":{"rendered":"On-line foreclosure: hard times for debtors. Now you can operate from your pc."},"content":{"rendered":"

Legislative decree no. 132\/2014 on civil law reform has modified the proceeding of forced execution, specifically the queries that the judicial officer may perform on creditor demand when seized assets are insufficient.<\/span><\/p>\n

What changes? <\/strong><\/p>\n

First, the reform repeals<\/strong> [1]:<\/p>\n

    \n
  1. the possibility for the judicial officer to inquiry tax registers <\/strong>and other public databases with the purpose of researching assets or credits to be submitted to forced execution when attachable assets are not identified.<\/li>\n
  2. the obligation, when the query involves more parties, to indicate complete identifying details.<\/li>\n
  3. the possibility for the judicial officer to require the police support.<\/li>\n<\/ol>\n

    It is established that<\/strong>, upon application by creditor, the President of Court competent over the debtor\u2019s residence or domicile, may authorize the judicial officer to research assets to be seized via internet<\/strong>.\u00a0The authorization is subjected to verification of the applicant party ‘s right to proceed to forced execution.\u00a0 In all events, the application shall include both the e-mail address<\/strong> and certified e-mail<\/strong>, fax number<\/strong> of the lawyer.<\/p>\n

    Next, the President of the Court authorizes the research of attachable assets via internet.<\/p>\n

    Particularly, the judicial officer may access to:<\/p>\n

      \n
    1. Tax registers<\/strong>, including register of financial reports;<\/li>\n
    2. Vehicle register ((PRA)<\/strong>;<\/li>\n
    3. \u00a0\u00a0\u00a0Social security (INPS<\/strong>) databases.<\/li>\n<\/ol>\n

      In order to collect all relevant information regarding goods and assets to be subjected to forced execution.<\/p>\n

      Once inspection via internet is carried out, the judicial officer draws up the minutes<\/strong>\u00a0reporting the investigation and queried databases\u2019 outcome.\u00a0 The judicial officer communicates information and queried databases\u2019 outcome to creditor by fax or e-mails.<\/p>\n

      Then creditor<\/strong>\u00a0shall indicate the assets that may be seized to the judicial officer within\u00a010 days<\/strong>\u00a0after relevant communication. If failing to do that foreclosure request expires.<\/p>\n

      At this stage the procedure is split into two parts.<\/p>\n

      The identified assets are available to creditor and located in the relevant territory where the judicial officer operates. <\/strong>The judicial officer may access the assets and initiate ex officio fulfilments connected with the choice of the assets to be seized, foreclosure and custody of the attached assets.<\/p>\n

      If assets are in a territory different from the relevant territory<\/strong> where the judicial officer operates, the latter issues a certified copy of the report to creditor who submits it to relevant the judicial officer within 15 days after its receipt. If failing to do that penalty of nullity occurs.<\/p>\n

      If that judicial officer is not able to find debtors\u2019 asset identified by databases over the territory because promptly concealed by the debtor, the judicial officer will order debtor to show the site where the asset<\/strong> is<\/strong> within 15 days, warning him that failure to disclose or distorted communication are criminally punished.<\/p>\n

      Identified assets and goods are held by third parties <\/strong><\/p>\n

      The judicial officer may automatically notify the statement to debtor and to third parties including information about:<\/p>\n

      \u2013 claim details;<\/p>\n

      \u2013 enforcement order and order to pay;<\/p>\n

      \u2013 Certified email of the lawyer;<\/p>\n

      \u2013 location where he \/ she has a domicile or an address for service;<\/p>\n

      \u2013 injunction;<\/p>\n

      \u2013 request to the debtor to declare where he \/ she has domicile or an address for service;<\/p>\n

      \u2013 informing the debtor who may require having attached assets or goods replaced with a sum of money;<\/p>\n

      \u2013notice to third parties about not disposing of assets or due sums.<\/p>\n

      In such event the statement is notified to third parties in summary<\/strong>, including exclusively data which refer to the latter.<\/p>\n

      If results of databases identify more credits or more assets, regardless of the parties who hold them, judicial officer may proceed to forced execution<\/strong> of assets selected by creditor.<\/p>\n

      Creditor may decide to personally participate<\/strong>\u00a0in researching attachable assets via internet.\u00a0 In such event the judicial officer shall communicate to creditor 3 days before (timing can be reduced in urgent cases), the date (within 15 days) and time when the judicial officer makes queries.<\/p>\n

      \u00a0The reform introduces a new rule [2]<\/strong>\u00a0regarding early closure of enforced execution<\/strong>.\u00a0 Specifically, the judge may require an early closure of enforced execution proceeding when it is not possible any more to achieve reasonable results to meet creditors\u2019 needs keeping also in consideration the relevant costs for proceeding\u2019 s continuation, probabilities of settlement and estimated market value of the asset.<\/p>\n

      What are the limits of enforced execution in the framework of on-line foreclosure? <\/strong><\/p>\n

      We are waiting for a specific Ministry of Justice decree<\/strong> which together with the Ministry of Interior and the Ministry of Economic Affairs and Finance, after hearing the opinion of the Authority of personal data protection, detect limited<\/strong>\u00a0cases and conditions<\/strong>\u00a0to access on-line databases, conditions of processing and data retention, including relevant protection of debtors\u2019 confidentiality.<\/p>\n

      The courts of Naples, Mantova and Pavia have already stated that creditor is immediately authorized to obtain information from database without waiting for the implementing decrees.<\/p>\n

      In summary, no breach of privacy because the queries will be performed by administration and not directly by creditor. Therefore, hard times for debtors who have no escape route any more.<\/p>\n

      [1]\u00a0Article no. 19 paragraph no. 1 letter d) legislative decree no. 132\/2014 repeals article no. 492 paragraph no. 7 Civil Procedure Code and modifying article no. 492 paragraph no. 8 Civil Procedure Code and enters article no. 492 bis Civil Procedure Code; article no. 19 paragraph no. 2 letter a) legislative decree no. 132\/2014 introducing articles no. 155 ter and 155 quater implementing provisions of Civil Procedure Code<\/p>\n

      [2]\u00a0Article no. 19 paragraph no. 2 letter d) legislative decree no. 132\/2014 repeals article no. 164 paragraph no. 7 implement provisions of Civil Procedure Code<\/p>\n

      Author: Erica Venditti
      \nSource: Edited by Credit Village<\/p>\n","protected":false},"excerpt":{"rendered":"

      Legislative decree no. 132\/2014 on civil law reform has modified the proceeding of forced execution, specifically the queries that the judicial officer may perform on creditor demand when seized assets are insufficient. What changes? First, the reform repeals [1]: the possibility for the judicial officer to inquiry tax registers and other public databases with the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[27],"tags":[],"class_list":["post-8236","post","type-post","status-publish","format-standard","hentry","category-media-en"],"_links":{"self":[{"href":"https:\/\/www.dcesrl.com\/newsite\/wp-json\/wp\/v2\/posts\/8236","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.dcesrl.com\/newsite\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.dcesrl.com\/newsite\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.dcesrl.com\/newsite\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.dcesrl.com\/newsite\/wp-json\/wp\/v2\/comments?post=8236"}],"version-history":[{"count":0,"href":"https:\/\/www.dcesrl.com\/newsite\/wp-json\/wp\/v2\/posts\/8236\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.dcesrl.com\/newsite\/wp-json\/wp\/v2\/media?parent=8236"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.dcesrl.com\/newsite\/wp-json\/wp\/v2\/categories?post=8236"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.dcesrl.com\/newsite\/wp-json\/wp\/v2\/tags?post=8236"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}