When this help may be useful
- You have a payment order, a judgment or another title and have not been paid
- Your former spouse does not pay maintenance
- You want to know whether the debtor has accounts, wages or property that can be seized
- Your assets have been seized and you want to check the procedure is correct
The different types of garnishment
Third-party garnishment targets sums that others owe the debtor: the bank account, wages or pension, within the limits set by law. Seizure of movable property concerns goods and money held by the debtor. Seizure of real estate leads to the sale of homes and land at auction.
Before choosing, it is useful to search for the debtor's assets, including through public databases accessible with the judge's authorisation.
How I assist you
I assess the title, serve the formal notice to pay (precetto), identify with you the assets that can most easily be seized and follow the procedure until the sums are assigned or the proceeds of the sale distributed, keeping you informed at every step.
The process, step by step
- Check of the enforceable title
- Service of the notice to pay (precetto)
- Search for assets and garnishment
- Assignment of the sums or sale
Frequently asked questions
How much of a salary can be garnished?
Generally up to one fifth of the salary or pension for ordinary debts, with special rules for sums already credited to the account and for maintenance debts.
What is the precetto?
It is the formal notice ordering the debtor to pay within a deadline, usually ten days. If they do not pay, garnishment can proceed within ninety days of service.
What if the debtor has nothing?
That is why searching for assets is important before incurring further costs. Sometimes the debtor's situation changes over time: the title remains valid and action can be taken later.
The information on this page is general, refers to Italian law and is not a substitute for advice on your specific case.