Payment decree, what to do?

But I, or my company, have no debts to this subject. Can I just ignore that?

Absolutely NOT! It happens very often to me and to colleagues, to receive clients who carry Injunctive Decrees notified weeks or months before and are already suffering a foreclosure. Unfortunately, except in very rare cases, we must explain to these people that there is nothing more to do. Not having been opposed in the 40 days of law, these decrees are now “passed into judgment” or are no longer disputed.

So, timeliness is crucial! There are only 40 days to lodge an objection to the Injunction with the Judge and to explain the reasons why these sums are not due.

How can it be sent to me?

There are 3 modalities of notification:

• By hand, with direct delivery by the Bailiff. In these cases, the time limits for opposition immediately begin to run.
• By postal service. When you receive the classic green envelope containing judicial documents or the notice that the document was filed at the municipal house pursuant to art 140 c.p.c., not having the Bailiff returned the recipient. As a general rule, after 10 days of receipt, the time limits for opposition shall begin to run;
• By P.E.C. for companies or for professionals who are equipped with such a tool. It is often the most “insidious” form of notification because, unfortunately, many do not control pec with the necessary frequency. In this case, the time limits for the opposition immediately start from the receipt of the P.E.C. (I refer to the article on P.E.C. and the validity of notifications received through this medium for further information).

So, it can not be delivered by registered mail or by subjects who present themselves as “in charge of credit recovery” or other fanciful figures. In these cases, it is always better not to open, not to sign anything and notify the authorities.

WHAT SHOULD I DO WHEN I RECEIVE A PAYMENT DECREE?

First, we must distinguish between the Immediately Enforceable Payment Decrees and the “simple” Payment Decrees.

In the first case the Judge orders to pay immediately the sums indicated because it has declared the decree ex art 642 c.p.c. enforceable. Usually such decrees are equipped of “enforcement order” (This is a statement at the bottom of the decree which gives effect to the act and allows the commencement of enforcement). In most cases, an act of precept is also notified, in which there is the order to pay the sums indicated within 10 days or the beginning of the enforced execution, or the seizure of property.

If you receive an Immediately Enforceable Injunctive Decree, especially if notified together with a deed of obligation, we have 10 days to submit an objection to the precept, trying to “block” the effectiveness, before the creditor can begin to seize our assets. Therefore, it is advisable to immediately contact a lawyer because quickly assesses what action to take. In any case, the time limit for lodging an objection to the Injunction (explaining why the sums should not have been due) remains 40 days from the date of notification. When you receive an “ordinary” Injunctive Decree, which is therefore not accompanied by an order for enforcement, we will always have 40 days to lodge an objection and, until this period has elapsed, the creditor will not be able to begin the enforced execution. Also, in this case it is good to contact a lawyer quickly, because, I remember, if we run the 40 days the decree will become final, and the creditor will be able to seize our assets to obtain payment.

In conclusion, the invitation is in any case to NEVER ignore an injunctive decree and to contact a lawyer quickly so that he can evaluate the best actions to protect you.

And most importantly, do it before 40 days!

Studio Legale Alessandria is available for advice to the contact details in epigraph and through the form that you can fill in the section CONTACTS