Italy reforms enforcement procedures and forced selling
By Dr. Mariagiulia Signori, COMMA 10
In Italy, debt collection has undergone considerable changes. By means of two urgent reforms, important measures have been taken. L. 162/14 – November and L.D. 83/2015 – June, were issued to improve the efficacy of both the collection of receivables against debtors and sales of seized assets by public auction.
Through these reforms, once an enforcement order has been obtained, the creditor may request the president of the relevant court to electronically search the assets to be seized. Thereafter, an authorised bailiff can access the databases of P.A., tax rolls, Motor Registration Office and social security institutions, to locate the debtor’s properties that are to be enforced. In order to speed up the hearing request for selling and assignment of credits, also through the reform, the attorney who seizes the movable or immovable properties must file the deeds electronically with the court.
L.D. – June will be used to give a further boost to the public auction of seized assets, which often fails to meet the monies claimed by creditors. To initiate this, the Ministry of Justice web portal of public auctions is being implemented.
The expectation is to make it more difficult for debtors to hide assets at the detriment of creditors. Moreover, the creation of a single web portal, providing information on movable and immovable property at public auctions, should help to speed up the selling process and thus allow creditors to retrieve parts of their claims quickly.
Dr. Mariagiulia SignoriCOMMA 10 – Commercialisti & Avvocati, Milan, Italy
T: +39 02 481 92 58
Dr. Mariagiulia Signori is a lawyer who has been based in Milan since 2005. She studied at the Università degli Studi di Milano, after which she worked as an intern in Strasbourg. She started working in law firms where she expanded her technical training in judiciary proceedings, drafting contracts, evictions and injunctions concerning real estate matters. Today, she is a partner in Comma 10 and has extensive experience in civil litigation on corporate and commercial law, M&A, due diligence, restructuring and insolvency and real estate issues.
COMMA 10’s cornerstone is the professional collaboration between chartered accountants and lawyers with the mission to provide integrated services to individuals, private and public companies and nonprofit organisations.
Published: September 2015 l Photo: Colourbox.de - Alexey Popov