The statutory demand or injunction (or monitoring order or payment order) is an instrument, governed by Articles 633 and the following of the Italian Code of Civil Procedure which allows the creditor to quickly obtain security to recover more effectively, in a short time and with reduced costs, his credit towards the debtor. This is a provision through which the competent judge, at the request of the holder of a credit (certain, liquid, due and based on written evidence) orders the debtor to fulfil his obligation, within 40 days of notification, warning him that in the lack of opposition, there will be forced execution.
The injunction is issued in the absence of a trial and is based solely on the evidences which have been submitted by the creditor. However, should the debtor submit an opposition to the injunction a proper trial will take place, where both parties will be allowed to submit their evidences.
European injunction
A special form of injunction is the European injunction. This was established with the regulation no. 1896 of 2006
It is an instrument that allows the undisputed pecuniary claims deriving from cross-border disputes of a civil and commercial nature to be recovered quickly.
When the injunction can be requested
The special protection granted by the legislator through the injunction procedure is subject to the existence of certain conditions and requirements relating to the nature and object of the claim.
Admissibility requirements of the injunction
The requirements for obtaining an injunction are indicated in art. 633 c.p.c. (eligibility conditions).
In the first place, the injunction procedure is only available for the protection of credit rights; secondly, such credit rights must possess a specific object (a sum of money or a certain quantity of fungible things or the delivery of a specific movable thing); thirdly, finally, where the credit relates to a sum of money, this must possess the requisite of liquidity, this means that the amount can be easily calculated.
Injunctive order how much does it take to get one?
The timeframe for issuing the injunction are not set by law and vary greatly depending on which office is competent.
As a rule, justices of the peace are quicker than courts, but it all depends on the workload, as well as the complexity of the documentation produced in support of the relevant appeal.
After evaluating the application and the evidences, the judge may decide to suspend the request by inviting the applicant to produce further documentation or to reject it, issuing a motivated rejection.
While, if the conditions provided for in art. 633 are met, the judge accepts the application and grants the payment order in favour of the creditor. In this case, the decree must be notified together with the application (both by certified copy) to the debtor by the applicant. The notification must be made within 60 days of its issue, otherwise the decree becomes ineffective.
Executive injunction
When the credit is based on a credit title (bill of exchange, bank check or cashier’s check, etc.) or on deeds received from notaries or other public officials, or if there is danger of serious prejudice in the delay, or, again, if the applicant produces documentation signed by the debtor proving the right asserted, the judge, upon request of the creditor, orders the debtor to pay or deliver without delay, authorizing, failing that, the provisional execution of the decree pursuant to art. 642 c.p.c. In other cases, the injunction becomes enforceable once forty days have elapsed from the notification without the debtor filing an opposition.
In case you need to recover your credit or if you have been notified with a Decreto Ingiuntivo do not hesitate to contact us at info@vgslawyers.com