How many types of foreclosure are there and what can be pinnorare-proiezionidiborsa.it
The discipline varies mainly according to the nature of the asset to be seized and the creditor, public or private. The cases and exceptions are many, here we expose the most important.
Among the acts most feared by a debtor is that of foreclosure. With it the forced expropriation of the his assets in order to satisfy the needs of the creditor who brought the deed before a Court. In fact, there is a need for an enforceable title such as an injunction or a definitive sentence to be able to attach the debtor’s assets.
Having said that, let’s see how many types of foreclosure there are and what can be foreclosed.
Among the acts most feared by the debtor is the seizure of assets-proiezionidiborsa.it
How can foreclosure be
With the attachment, the use and/or availability of the assets held by the debtor does not cease. What changes is the possibility that he can distract, destroy or deteriorate the same in order to do indirect damage to the creditor.
Basically the legal system knows these forms of foreclosure:
- Of movable property;
- Of real estate;
- Of assets held by third parties, when the object of the attachment is on credits or assets of the debtor which are available to third parties. To be clear, this is the case of the attachment of the pension or salary or the money in the account.
However, to protect the foreclosure, the Law sets a whole series of limits and conditions. They concern both the amounts that can be attached and the circumstances that must exist in order to proceed with the procedure.
The seizure of immovable property
Generally the foreclosure of the first home rests on a debt of a private nature (like a bank) and does not include a debt threshold to boot of the procedure. Likewise, the house jointly owned with the spouse can be foreclosed, unless half of the price obtained is returned to the non-debtor spouse.
If, on the other hand, the creditor is AdE-R, the first house cannot be attached if precise legal conditions exist.
How many types of attachment are there and what can be attached to the debtor?
The salary can be attached within the limits of the law, i.e. without prejudice to the vital minimum for the benefit of the debtor. These limits correspond to one-fifth of net salary if the debt is from work or derives from non-payments of municipal or provincial taxes. Pass to one third in the event of non-payment of the alimony due by law.
However, the limits change if the creditor is AdE-R. Thresholds change to 1/10, 1/7 and 1/5 of the net amount in the pay slip when the salary is, respectively, less than 2,500 euros, less than 5 thousand and more than 5 thousand euros.
Foreclosures on salaries and current account-proiezionidiborsa.it
Regarding the money on the c/c
Here too, the law does not provide for a minimum credit threshold (claimed by a public or private entity) to raise the deed. In the case of joint c / c you can only attack half of the stock present therein (and without prejudice to all the provisions of the Law envisaged). The bill it is fully attachable if it does not receive income from employment or there pension.
If the sums present (also the result of salaries or pensions) have arrived before the notification of the deed, only the part of the deposit that exceeds three times the social allowance can be attached.
