How to access debtor data recorded in Vehicle Register (PRA) Social security register (INPS) and Tax Register via internet.

Italian debtors will not have secrets any more for neither banks nor tax agency.   Thanks to a true cultural evolution beside a juridical one, creditors may easily have access to public administration databases and find out the assets of debtor which may be seized.  Such right is only subordinated to the President of the Court’s order who is obliged to give it when receiving a copy of the enforcement order such as judgement, injunction, cheque or bill.  Legislative decree no. 132/2014 on civil law reform has modified the proceeding of forced execution, specifically the queries that the judicial officer may perform upon creditor demand when seized assets are insufficient. Hiding money or assets will be even more difficult considering that Equitalia, banks or any other creditor is able to execute an on-line query regarding assets which may be seized.  Query is performed via a common pc namely the judicial officer’s pc or requiring it directly to a database holder such as Social Security Institution (INPS), Tax Agency, etc.
Some practical examples of potential assets which may be seized after an accurate analysis of available databases:

Access to Vehicle Register (PRA)

Creditor may have access to national Vehicle register (PRA) and may proceed to foreclosure of the debtor’s vehicle who can hardly escape as in the past, for example hiding the vehicle in a garage before arrival of judicial officer. Foreclosure is executed directly via internet nowadays.  Creditor accesses national register through a judicial officer who controls the vehicle ownership of the debtor (debtor of a certain sum of money). The judicial officer is obliged to send an injunction to the debtor requiring the delivery of the vehicle within 10 days.   Consequently, it is not only a vehicle grounding but also a Court order to vehicle owner to deliver vehicle to judicial sales for the purpose of auction.  If no answer to injunction, policemen may stop that vehicle on the road and execute a vehicle forced acquisition.

Direct access to Tax Agency 

The relevant Tax Agency register collects much information concerning the taxpayer’s income and relevant sources.  Sources are essential for a potential debt recovery procedure. For example, if debtor is an employed person it is possible to identify the employer paying his/her salary and consequently exercise the right of foreclose affecting one fifth of his/her salary.
Tax Agency Register includes also details of the social security institution which may deliver a monthly cheque in case of a retired debtor.  It is also possible to collect useful information about shares providing profits or dividends to potential entrepreneur, including renting. If debtor receives a rental from some students, creditor may require having monthly renting paid directly to him/ her instead of landlord.

Access to Social Security Institution (INPS)

All potential allowances or social security contributions can be tracked through direct access to the social security register.  Thanks to its new register recording financial supports which are provided to all Italian citizens, it is also possible to find out attachable assets simply via an on-line consultation.

Access to Financial Reports Register:

Creditor may be informed about the number of current accounts held by the debtor and relevant institutions.   Creditor may be informed about “suspicious” transactions which may be potentially subjected to avoidance action, for example if sums were transferred to another account held by third parties.
Outcome: creditors will not need the investigation agencies no longer because they may directly require the access to the judicial officer.

Access to Property registers: 

Creditor may require also a title search to the property register and check if the debtor owns properties or portions of them.

How to act?

Creditor may apply to the President of the Court where debtor has his/her domicile or legal office, and after verifying creditor right to proceed with a forced execution, an on-line query about the assets which may be seized can be made by judicial officer.  In order to collect information about those assets, the judicial officer may check:

• Public administration databases
• Tax Register
• Bank accounts and financial transactions Register;
• National Vehicle Register (PRA);
• Social security institution databases.

Finally, the judicial officer draws up the minutes reporting all databases outcomes and deliver its true copy to creditor. Pursuant to article no. 155-ter implementing provisions of the Civil Procedure Code, creditor may participate in the investigation via internet to find out assets which may be seized and inform the judicial officer about them.
If the access shows assets in locations included in the relevant operating territory of judicial officer, the latter may access the fulfilments connected with foreclosure.
If those locations are not included in the relevant territory, a true copy of the minutes is delivered to creditor within 15 days after its issuance (under penalty of nullity) who submits it together with the request to relevant judicial officer for foreclosure fulfilments.

When that procedure enters into force and squeezes the debtors? 

The regulation is already entered into force even if it seems that such access is possible only after issuing implementing decrees which have not been implemented yet. Those decrees concern data processing and retention, including privacy protection of debtors.
However, some courts such as Naples, Mantova and Pavia have overcome that vacuum and have authorized creditor to bypass the judicial officer action and may directly collect information about debtors accessing specific databases. This until judicial officers comply with the reform. Novara court also provided a different opinion on that issue, stating that implementing decrees are needed.

It should be remembered that new regulation requires a prior attempt of foreclosure, indeed the investigation on debtor asset is both conceptually and instrumentally preliminary to subsequent foreclosure.

As stated by Pavia court, when provisions identify “creditor taking actions” this refers to whom taking actions to carry on forced execution.  Therefore, the Presidential verification of the title’s existence seems to be enough.  The judge also stated: “only when that reform is fully into force, request may be submitted to judicial officer. Only for lacking access to databases the request may be submitted to the President of the Court “requiring the prior notification of both title and injunction against the inquired party”.

Thanks to direct access of tax agency register data, creditors have a clear picture of debtor assets and they may recover their claims.