In case you want to proceed to recover a debt that is certain, liquid and collectable, you can opt for the monitoring procedure which is the Appeal for Injunction Decree, which must always be preceded by a formal warning to comply to be sent to the debtor.

The Judge, having verified the regularity of the Appeal and without the intervention of the other party, issues a provision which is the Decree which must be notified to the other party which expires within 40 days from the notification to propose opposition and in this case there will be a judgment of merit. However, if the counterparty does not object and the 40 days have passed, the Injunction Decree must be made enforceable and the injunction is notified: within 90 days of the injunction it is then necessary to proceed to the enforcement or movable or third party or real estate phase.

Practically, in recent times, there has been a proliferation of enforcement phases through seizures by third parties (the third party is the debtor of the main debtor) as they are considered the most suitable for the recovery of the credit and judicial costs: it is necessary to notify a document both to the third party and to the debtor with a summons for the latter to appear before the competent judge and an invitation to the third party to communicate with a positive declaration made to the proceeding creditor in relation to the debtor's credits or the debtor's things in the third party's possession; in this case, at the hearing the enforcement judge will either assign or sell the movable things or assign the credits.

In the case of execution of movables, after notification of the enforcement order and the precept, the seizure must begin within 90 days: in this case it is a request that the creditor makes through his lawyer to the judicial officer at the territorially competent Unep .

Usually there is a pre-printed form which is partially filled in by the proceeding creditor or his lawyer with the data of the names of the parties, places to go while the rest of this form is prepared by the judicial officer with the data relating to his activity carried out and relating to the material completion of the seizure with the search for the assets to be seized in the places and days indicated, equipped with the executive title and the precept. These documents are then returned to the defender of the proceeding creditor who must register the relevant proceedings in the register, being able to file through an appeal a request with which to request either the distribution of the money, or the sale or assignment for the credit securities and other goods whose value is shown on the stock exchange or market list or the sale of all other goods.

Once this request for assignment or sale has been filed, the Judge sets an order for the hearing for the parties to appear either to authorize the sale or to assign the seized assets and the debtor should be summoned as the parties can do so at the appearance hearing. observations relating to the assignment or the times and methods of the sale or to propose opposition or to the executive documents or to the execution.

If there are no objections or if the parties reach an agreement on them, the judge orders the assignment or sale; in the event that there are oppositions, the judge decides with a sentence and orders the assignment or sale.

In the case of real estate enforcement, after having notified the enforcement order and the precept, in the event of failure to comply by the debtor, the creditor prepares the real estate seizure deed which must be notified and transcribed; the territorially competent court is the one in which the immovable property to be seized is located. The seizure extends to the accessories, appurtenances and fruits of the seized property. The deed must indicate exactly, with the details to identify the mortgaged property, the assets and real estate rights subject to the unavailability restriction.

After the last notification of the document, the judicial officer delivers the seizure deed and the transfer note to the creditor and within 15 days the creditor must register the proceedings and the president of the court appoints the competent judge.

The creditor can request the sale of the foreclosed property; the filing of the request for sale is linked to the deadline within which the relevant cadastral documentation must be filed so that the judge can verify the actual ownership of the seized asset in the hands of the debtor and seized. The sale authorization hearing is then scheduled with consequent pronouncement of the sales order following the same, subsequent phase of sale with adjudication of the property, payment of the price and issuing of the transfer decree by the judge.