Hard times for the owners of current accounts debtors to public entities. The Court of Auditors has given precise indications for what concerns the reform of the collection of credits in the report on the coordination of public finance 2021 of 28 May last. Whoever is responsible for collecting will be able to know the size of the debtor’s account and not only its existence, while the green light has been given to the strengthening of executive measures such as the return to foreclosure of the first house and extraordinary and exceptional solutions for the disposal of the backlog. In this way we intend to overcome the difficulties related to debt recovery.
The data reported in the report, as he points out Italy Today, highlight that the stock of inventories is at 1,068,802.8, guaranteeing a percentage of credits collected equal to 13%. There is, therefore, the need to profoundly overhaul the system for the compulsory collection of public credits. The government has undertaken to present to Parliament, within two months of the approval of the Sostegni 1 decree, the revision criteria for collecting the credits, but from the first signs there does not seem to be an identical view between politics and accounting judges. For the Court of Auditors, the most “energetic” interventions should concern the legislation procedural that “Appears unsuitable to ensure adequate protection of the public interest”, so much so that, according to the report, the public creditor in a worse condition than the private creditor.
Essential elements would be: the limits of attachment of the sums due by way of salary, salary and other allowances; the limits to the expropriation of property in relation to debtors established in corporate form and in any case if the debtor’s activities result in a prevalence of the capital invested in labor; raising the threshold below which registration is prohibited to twenty thousand euros mortgage; the limits to the real estate expropriation and attachment of the only property in which the debtor resides at the registry office. Among the measures proposed there would be real estate foreclosure, which would concern the main home. There forced sale real estate could take place even if the value of the assets is less than 120 thousand euros, provided that the same is economic, that is, such as to involve the realization of sums exceeding the costs of the procedure.
Furthermore, according to the judges, a reinforced presumption of law on the ownership of the property should be introduced movable property which are located in the debtor’s residence. On the judicial officers, then, and on the collection, we move towards the idea that the proceeding structure can know not only the existence of the relationship, but also its current consistency. Finally, for greater protection of public credits, the ineffectiveness, with respect to the financial administration, of free documents transcribed after notification of bills against the assignor for an amount equal to or greater than the minimum required for the registration of mortgage.
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