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Ineffective foreclosure at third-party of Agenzia delle Entrate Riscossione

The Bari Tribunal sez. I, 29/10/2019, (p.h. 29/10/2019, dep. 29/10/2019), n.4017 has last stated “Ineffective the act of foreclosure with third parties operated by the Revenue Collection Agency” – under art. 72 encores of D.P.R. No. 602/73.

We report a legal opinion issued by the Tribunale that will help to understand the extent to which the  Agenzia delle Entrate Riscossione (Revenue Collection Agency) can foreclose the salary.

We consider the precedent useful for those who should be in the same situation. Clearly, by analogue extension, other categories of ‘foreclosed debtors’ can also use the judgment, such as sales-agents or pensioners.

It will be necessary to check, from time to time, the possibility recognized by law. It is undeniable that the return in economic terms, which in the medium/long term will be important.

The principle established by the Judge of first instance:

The Judge considers that, contrary to what is said by the xxxx., the foreclosure with the opposite third parties is not null, but only ineffective for the part exceeding the regulatory limits imposed for the withdrawal of sums relating to wages.

In fact, although Equitalia, which has submitted the sums owed and deducts in any capacity from the Third to the Debitor, and this up to the competition of the credit indicated of Euro 494,982.08″, the foreclosure itself can only refer to the share of one tenth of the salary, since, according to the and for the effects of art. 72 ter of D.P.R. 602/73 introduced with D.L. No. 16/2012 (so-called “Simplifications Decree”), converted to Law 16/2012,

foreclosure with third parties which relates to sums owed for salary, salary or other employment or employment benefits, including those due to dismissal, must meet this limit if the salary is less than Eur 2,000.00, as in this case.

Failure to comply with these limits, therefore, makes foreclosure ineffective for the surplus party.

From this point of view, therefore, the opposition can be accepted, so the foreclosure amounts must be redetermined in the legal measure.

The reason of this legal opinion.

The Judge did not accept the request for nullity of the foreclosure but, indeed, redetermined the quantum of the sums subject to foreclosure. This is because the law sets different percentages when salary changes.

It often happens that employers mistakenly block sums exceeding those provided by law and send them to the Revenue Collection Agency.

Contrary to such illegitimate laws we suggest to propose to propose to the foreclosure at tersi promoted by the Revenue Collection Agency. 

Please note that the opposition must be initiated within 20 days of receiving the foreclosure from third parties. Otherwise the opposition will be rejected.

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