Is it possible to seize the current account and salary at the same time? Today, the professionals of ProiezionidiBorsa want to respond to the reader who wrote in the editorial office asking if it is possible to seize the current account and the salary at the same time.
If, therefore, the attachment with several third parties is legitimate.
The attachment from third parties
Expropriation from third parties has as its object the debtor’s credits towards third parties and is regulated by articles 483 and following of the code of civil procedure.
Forms of expropriation from third parties are used when the creditor intends to attach:
a) claims that the debtor has against third parties;
b) or things owned by the debtor that are in the possession of third parties.
Therefore this form of foreclosure involves in addition to the typical subjects, which are the proceeding creditor and the debtor, also a third party unrelated to the so-called third distrained.
In fact, the third foreclosure, although unrelated to the execution, is involved in it to make possible the assault in executive form of things that are in his possession. Or of credits that the debtor has against him.
The peculiarity of this foreclosure lies in the notice addressed to the third party not to dispose of the sums and things due to the debtor without the order of the judge.
Is it possible to seize the current account and salary at the same time?
The law does not prohibit the attachment of several third parties.
The creditor can, in fact, seize the current account and the salary at the same time as long as the sums to be seized do not exceed the debt contracted.
However, the debtor who is seized at the same time the current account and the salary can ask the enforcement judge that:
a) declares ineffective the attachment of the current account or that of the salary;
b) reduce each attachment in the event that the value of the attached sums is greater than the credit.
What are the registration documents for?
The creditor who wants to know the credit institution at which the debtor receives the salary, or in any case the current account in his name, must request a survey.
To trace the name of the debtor’s employer, he must request the online job search certificate on Visure Italia.
To trace, however, the bank in which the debtor is registered must request the person banking census.
Deepening
The only case in which the survivor’s pension cannot be attached
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