Banking law and enforcement
Banking relationships and enforcement remedies
The Firm assists in disputes concerning banking relationships and enforcement proceedings, addressing both substantive and procedural issues.
The Firm assists creditors, debtors and third parties in debt recovery and compulsory enforcement proceedings, from obtaining an enforceable title to satisfaction of the claim, including against public bodies.
Asset searches
Applications for electronic searches for the debtor’s assets (Article 492-bis of the Italian Code of Civil Procedure).
Third-party attachment
Proceedings involving banks and employers, challenges to third-party statements and determination of the third party’s obligation (Article 549 of the Italian Code of Civil Procedure).
Assistance to garnishees
Compliance requirements and declarations by employers or other third-party debtors.
Enforcement against public authorities
Recovery of established claims against public bodies, subject to statutory limits and procedures.
Banking and financing relationships
Issues concerning loan agreements, early repayment and disputes with financial intermediaries.
To learn about the Firm’s professional organisation, see the Professionals.
Practical questions before seeking legal assistance
I have received an Italian precetto (payment demand before enforcement). What matters first?
Check the enforceable title, service, amounts claimed and applicable deadlines immediately. Available challenges depend on the grounds and procedural circumstances.
Can a creditor trace assets for enforcement in Italy?
Article 492-bis of the Italian Code of Civil Procedure provides a procedure for electronic searches for assets subject to enforcement, within statutory conditions.
My company has received an Italian third-party garnishment order. What must it do?
The company should review the order, preservation and disclosure duties, and any applicable limits on attachment before making payments to the debtor.