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when he cannot foreclose his salary

Let’s find out the limits that prevent the Revenue Agency from forcibly withdrawing the salary of insolvent subjects

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In cases of repeated insolvency, the Tax has the right to carry out decidedly unpleasant actions to the detriment of the subject debtor. It can indeed foreclose of the money from his Bank account to make up for oneself credits that is due to him.

He can retaliate on the pension in the event that the subject has already left the world of work or on salary if it is still active in that sense. In this case, however, there is no impregnable life limit, but there are exceptions that do not allow theAde to be able to carry out theforeclosure action.

Revenue Agency: when you cannot foreclose your salary

The most classic form is third-party garnishment governed byarticle number 543 of the code of civil procedure. A notification is sent to the person who has accrued the debt situation and the sum of money to be collected is retained by the credit institution or the employer work and then taken from the Tax.

If he foreclosure has as its object tax debts, theRevenue Agency can take an amount commensurate with the salary. For example, if the salary does not go beyond i 2500 euro, so one-tenth can be compulsorily collected. If you go from 2501 to 5000 euros then you go up to a seventh. In the case of even larger figures, a fifth is used.

With regard to i limits, not everything that contributes to salary formation can be foreclosed. The items relating to the indemnity, the ANF, the TFR, expense reimbursements are excluded from the provision.

Another hypothesis is the opposition to forced execution. After submitting the petition, it is up to a judge to make the final decision, who can opt for suspension and allow the debtor to breathe at least for a while.

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There are also cases in which there are formal defects in the procedure. If they are discharged, they can make the collection ineffective. For this reason, it is always good to contact a good lawyer, who can help shed light on the situation and perhaps prevent your money from being unfairly affected.

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