According to Article 2740 of the Italian Civil Code “the debtor shall be liable for the performance of his / her obligations with all present and future assets”.
This means that if the debtor does not pay, the creditor may introduce a procedure that will result in the forced sale of the debtor’s movable and/or immovable assets and the subsequent distribution of the sums obtained from the sale among the creditors (both the previous creditor and those subsequently involved in the procedure).
In order to initiate enforcement, the creditor needs an “enforceable” title, i.e. a document enabling him / her to bring an action against the assets belonging to the debtor.
The enforcement order may be judicial or extra-judicial.
The “judicial enforcement order” is normally formed as a consequence of the exercise of a judicial activity – for example, in the context of a trial, the judgment with which the Judge decides a case – or as a result of an injunction procedure (“injunction”).
In the case of an enforceable title formed outside the trial, the term “extrajudicial title” is used instead (such cases are listed in Article 474 of the Code of Civil Procedure).
The Firm may assist the Client in obtaining a sentence or an “injunction” and choosing the most appropriate enforcement action against the debtor with proper investigations at the Revenue Agency in order to trace his / her assets.
We provide personal and direct assistance to Clients throughout Italy using a network of qualified professionals.
We give particular importance to the communication with the Client and we keep him / her updated with immediacy on all the various stages of the procedure.