{"id":8249,"date":"2016-02-24T14:55:05","date_gmt":"2016-02-24T14:55:05","guid":{"rendered":"http:\/\/www.dcesrl.com\/newsite\/2016\/02\/24\/pignoramento-online-rivoluzione-culturale-e-giuridica\/"},"modified":"2019-03-18T11:19:22","modified_gmt":"2019-03-18T10:19:22","slug":"pignoramento-online-rivoluzione-culturale-e-giuridica","status":"publish","type":"post","link":"https:\/\/www.dcesrl.com\/newsite\/2016\/02\/24\/pignoramento-online-rivoluzione-culturale-e-giuridica\/?lang=en","title":{"rendered":"On-line foreclosure, both a juridical and cultural revolution"},"content":{"rendered":"

How to access debtor data recorded in Vehicle Register (PRA) Social security register (INPS) and Tax Register via internet. <\/strong><\/p>\n

Italian debtors will not have secrets any more for neither banks nor tax agency.\u00a0\u00a0 Thanks to a true cultural evolution beside a juridical one, creditors may easily have access to public administration databases and find out the assets of debtor which may be seized.\u00a0 Such right is only subordinated to the President of the Court’s order who is obliged to give it when receiving a copy of the enforcement order such as judgement, injunction, cheque or bill.\u00a0 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 upon creditor demand when seized assets are insufficient. Hiding money or assets will be even more difficult considering that Equitalia, banks or any other creditor is able to execute an on-line query regarding assets which may be seized. \u00a0Query is performed via a common pc namely the judicial officer’s pc or requiring it directly to a database holder such as Social Security Institution (INPS), Tax Agency, etc.
\nSome practical examples of potential assets which may be seized after an accurate analysis of available databases:<\/p>\n

Access to Vehicle Register (PRA) <\/strong><\/p>\n

Creditor may have access to national Vehicle register (PRA) and may proceed to foreclosure of the debtor\u2019s vehicle who can hardly escape as in the past, for example hiding the vehicle in a garage before arrival of judicial officer. Foreclosure is executed directly via internet nowadays.\u00a0 Creditor accesses national register through a judicial officer who controls the vehicle ownership of the debtor (debtor of a certain sum of money). The judicial officer is obliged to send an injunction to the debtor requiring the delivery of the vehicle within 10 days.\u00a0\u00a0 Consequently, it is not only a vehicle grounding but also a Court order to vehicle owner to deliver vehicle to judicial sales for the purpose of auction.\u00a0 If no answer to injunction, policemen may stop that vehicle on the road and execute a vehicle forced acquisition.<\/p>\n

Direct access to Tax Agency\u00a0 <\/strong><\/p>\n

The relevant Tax Agency register collects much information concerning the taxpayer\u2019s income and relevant sources.\u00a0 Sources are essential for a potential debt recovery procedure. For example, if debtor is an employed person it is possible to identify the employer paying his\/her salary and consequently exercise the right of foreclose affecting one fifth of his\/her salary.
\nTax Agency Register includes also details of the social security institution which may deliver a monthly cheque in case of a retired debtor.\u00a0 It is also possible to collect useful information about shares providing profits or dividends to potential entrepreneur, including renting. If debtor receives a rental from some students, creditor may require having monthly renting paid directly to him\/ her instead of landlord.<\/p>\n

Access to Social Security Institution (INPS) <\/strong><\/p>\n

All potential allowances or social security contributions can be tracked through direct access to the social security register.\u00a0 Thanks to its new register recording financial supports which are provided to all Italian citizens, it is also possible to find out attachable assets simply via an on-line consultation.<\/p>\n

Access to Financial Reports Register: <\/strong><\/p>\n

Creditor may be informed about the number of current accounts held by the debtor and relevant institutions.\u00a0\u00a0 Creditor may be informed about \u201csuspicious\u201d transactions <\/strong>which may be potentially subjected to avoidance action, for example if sums were transferred to another account held by third parties.
\nOutcome: <\/strong>creditors will not need the investigation agencies no longer because they may directly require the access to the judicial officer.<\/p>\n

Access to Property registers:\u00a0 <\/strong><\/p>\n

Creditor may require also a title search to the property register and check if the debtor owns properties or portions of them.<\/p>\n

How to act? <\/strong><\/p>\n

Creditor may apply to the President of the Court where debtor has his\/her domicile or legal office, and after verifying creditor right to proceed with a forced execution, an on-line query about the assets which may be seized can be made by judicial officer.\u00a0 In order to collect information about those assets, the judicial officer may check:<\/p>\n