Il pignoramento presso terzi spiegato facile | Studiare Diritto Facile

To learn more about our civil procedural law video courses, visit the following link: https://www.elaw.academy/corsi-e-vide... Learn more about the method at https://www.studiarediritto.it/lp-stu... How is third-party foreclosure carried out? We'll try to explain it in a few simple words with this practical video. I – NOTIFICATION OF ENFORCEMENT TITLE + WRITTEN FORM II – DRAFTING OF FORECLOSURE NOTICE III – DELIVERY OF FORECLOSURE NOTICE FOR NOTIFICATION  to the debtor  to the third party  a. upon receipt of notification, he becomes the custodian of the property b. must file a declaration pursuant to art. 547 IV – RETURN OF THE DEED TO THE CREDITOR V – REGISTRATION Within 30 days of the return of the deed  register on the roll 1. Registration note + unified fee 2. Certified copy of the enforcement order, demand for payment, and seizure notice VI – APPEARANCE HEARING a. the third party has made a declaration: thus declaring himself in possession of property or credits belonging to the debtor and there are no disputes, the enforcement judge schedules a new hearing for the assignment or sale of the movable property or for the assignment of the credits. b. the third party has not made a declaration  C acknowledges this; G schedules another hearing; C verbal notification; 3° does not appear/refuses to declare: i) hearing for assignment (if CR/property are identifiable) ii) assets that cannot be identified; the G verifies their existence and amount by order, having carried out the relevant investigations between the parties. VI – ASSIGNMENT Once it has been established that the third party is in possession of the property or credits, the assignment phase begins: MOVABLE PROPERTY = After hearing the parties, the assignment or sale of the property is arranged in the manner established by the expropriation of movable property (Section 522 of the Code of Civil Procedure). CREDITS = A further distinction is made between: a. Amounts due immediately/within 90 days  assigned for payment b. Amounts due after 90 days/annuities  Assignment if mutually requested by the creditors; otherwise, sale.