Important changes in sight regarding the foreclosure of current accounts, salaries and pensions. Here is the date to mark on the calendar.
There is a date that creditors owe mark on the calendar as from that day on you will have to deal with changes in the third party foreclosure process. So let’s go into the details and see everything there is to know about it.
Unfortunately, there are many families who find themselves having to deal with a difficult management of personal finances. Due to a whole series of negative events, such as the impact of Covid and the worrying increase in pricesin fact, being able to meet the various expenses is becoming more and more complicated. To worsen the situation, then, the fear of having to deal with the consequences deriving from any debts past.
A situation, the latter, which involves many more people than one might think. Precisely in this context, therefore, it will be interesting to know that there is a date that both debtors and creditors must mark on the calendar, as from that day onwards you will have to deal with important changes regarding the foreclosure of current accounts, salaries and pensions. So let’s go into the details and see everything there is to know about it.
Current account, salary and pension, watch out for foreclosure: important changes from 22 June
Beware of third party foreclosure as starting from next 22 June it will be necessary to deal with important changes. This will take place following the reform of the civil procedure which introduces a new charge against creditors, thus changing the foreclosure process with respect to the former article 543 of the Italian Civil Code.
Going into the details, as can be seen from the “LAW 26 November 2021, n. 206 ″, published in the Official Gazette: “The creditor, by the date of the appearance hearing indicated in the attachment deed, notify the debtor and the third party of the notice of registration in the role“. This is done by indicating the role number of the procedure and by depositing the notified notice in the execution file “. In the absence of these elements, the foreclosure becomes ineffective.
But not only, “if the attachment is carried out against more than one third party, the ineffectiveness occurs only against the third parties with respect to which the notice is not notified or filed“. If all this were not enough, just in case “the notification of the notice referred to in this paragraph is not made, the obligations of the debtor and the third party they cease on the date of the hearing indicated in the attachment deed“.
Current account, salary and pension, watch out for foreclosure: what happens
As it is easy to guess, therefore, starting from next 22 June we will have to deal with important changes regarding the third party foreclosure process. In particular, this action will be increasingly difficult for creditors. This is because the creditor will have to deal with significant additional charges.
Suffice it to say that it will be the creditor’s task to notify the debtor but also the credit institution of the registration number by the date of the hearing. It must also file the documentationwhile l’deed of attachment must contain the personal data and tax code of the various interested parties.
If all this were not enough it must indicate the nature of the claim and the date on which the hearing was convened. In the absence of all these elements, the foreclosure loses its effectiveness and therefore will be considered null and void.
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