Enforcement proceedings, that is the possibility to enforce the recovery of the money owed from the debtor, is an essential aspect of the creditor’s tangible protection. Very often, however, compiling a list of the debtor’s assets necessary to search for assets to be attached is not easy, especially with regard to bank accounts and credits towards third parties.
Some time ago the legislator had already provided for a cohesive procedure whereby the creditor, in possession of an enforceable order, could obtain extensive information on the debtor’s assets (Article 492-bis of the Code of Civil Procedure ): the creditor, ten days after notifying the writ of injunction, could submit a specific application to the President of the competent Court who, after verifying the regularity of the deeds, would issue an authorisation with which, in turn, the creditor could address a further application to the offices of the Revenue Agency to obtain the most accurate and complete information possible on his debtor’s assets (essentially: an indication of the bank accounts in his name). Read more
