In case of failure to pay and a prior economic/patrimonial scrutiny, the judiciary activity is undertaken. Our telephone debt collection consultant upholds to professional ethics and privacy law.
THE PHASES OF THE PROCEDURE ARE:
Diffida di Pagamento
Injuction to pay is sent by the lawyer, equipped with the mandate, to the debtor, by certified mail.
Action by the judge ordering to the debtor to pay to the creditor the amount due, with interests and expenses. If the debtor does not oppose when the above term is expired, the judge will declare the decree executive, making it apt to establish execution proceedings.
Atto di Precetto
Instrument used by who owns an enforcement order. After the service of the writ of execution, the debtor has no less than ten days from the reception to pay the amount due. Otherwise, the term expired, the creditor can ask the bailiff for an attachment order.
Pignoramento (mobiliare, immobiliare)
Expired ten days from the service of the writ of execution, if the debt has not paid in full, the creditor can ask the bailiff for an attachment order. As result debtor’s certain goods are frozen (through a judicial unavailability or de facto) to be afterwards exposed to forced sale up to the full payment of the credit.
Istanza di Vendita
After the attachment the debtor’s goods can be sold with or without an auction sale under the scrutiny of the judge. The creditor will satisfy himself with the proceeds of the auction sales in reason of his own enforcement order.