Il postino

The use of CEM in the context of third-party enforcement

[:en]As from 1 January, it is mandatory for the enforcement creditor to indicate the certified mail address in the attachment deed.

Starting from 1 January 2013apply to foreclosures against third parties The amendments to the Code of Civil Procedure introduced by Article 1, Paragraph 20 of Law No. 228 of 24 December 2012 in Official Gazette No. 302 of 29 December 2012.

Specifically, the reform provides that the claimant creditor must indicate the certified mail address(a.k.a. PEC), in the attachment deed (Art. 543 of the Code of Civil Procedure) and, moreover, the indication that the third-party creditor may also make the declaration pursuant to Art. 547 of the Code of Civil Procedure by means of PEC.

It should be recalled, briefly, that already with the amendments adopted by Law 52/2006, the third party was allowed, in cases of non-employment claims, to make the declaration also by registered mail. With the reform, therefore, the third party may decide to make said declaration by certified mail, thus avoiding costs and complications.

It is perhaps worth emphasising that the garnishee third partycalled upon to declare, if in possession of things of the enforceable debtor or if it is owed money by the latter, it does not assume the capacity of a party in the enforcement proceedings, whereas, in the event of a failed, negative or contested declaration, it becomes a defendant in any action to be brought to ascertain its obligation towards the debtor. The legislature also amended arts. 548 and 549 of the Code of Civil Procedure. It is stated in the new text of Art. 548 of the Code of Civil Procedure that, in the case of work credits (545 para. 3 and 4 CCP), the third party's failure to make a statement or to appear at the hearing set by the creditor is equivalent to non-contestation of the claim. Indeed, for claims other than labour claims, the new paragraph 2 of Section 548 of the Code of Civil Procedure provides that if the aggrieved party declares that it has not received any statement from the third party and, in addition, the third party does not appear at the hearing set by the aggrieved party, the court shall fix a new hearing by order, to be notified to the third party; if the third party does not appear at this second hearing either, the claim is considered uncontested. Finally, the new Section 549 of the Code of Civil Procedure provides that if objections to the third party's statement arise, they are resolved by the court by order based on appropriate findings. The order is, in the event, contestable pursuant to Art. 617 Code of Civil Procedure.

[:]

by admin