Epochal turning point in the conversion law of the legislative decree n. 132/2014 (law no. 162/2014, in Official Journal no. 261 of 10 November with which the new rules for the seizure of motor vehicles were introduced.
In fact, specific provisions for the seizure of motor vehicles, motor vehicles and trailers have been introduced into the civil procedure code (art. 521-bis c.p.c.).
To carry out the seizure it is no longer necessary for the bailiff to physically find the vehicle (which was often a major problem), but rather the seizure is carried out by notifying the debtor of a seizure document in which the identifying details are indicated. of the vehicle. The debtor is also ordered to deliver the vehicle and ownership documents within 15 days to the local judicial sales institute.
If the seized debtor does not deliver what has been requested, the police forces that stop the vehicle must collect the registration certificate, titles and documents relating to the property and deliver the seized asset to the judicial sales institute.
Upon delivery of the vehicle, whether spontaneous or forced, the judicial sales institute assumes custody of the seized asset and immediately communicates it to the seizing creditor, by certified email if possible.
The creditor must also transcribe the seizure deed in the public registers and, above all, must initiate the seizure with the competent court, depositing the registration note in the registry and copies of the enforcement documents (executive title, writ, note) at the registry office. of transcription to the PRA) and this within thirty days of the communication sent to him by the IVG. Once this deadline has passed without registration in the register, the foreclosure becomes ineffective.
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Milano, January 27th 2017.
Avv. Giovanni Babino
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