When they have been loaned to some of the objects or a sum of money, if the debtor does not show the intention to return what the creditor owes, he can defend himself through a specifically disciplined legal instrument: the injunction. Let’s see what it is and how to behave in the two specific cases: both if you are in the condition to send it, and if you are in the condition to receive it.
Procedures, costs and purposes of the measure
An injunction decree (one of the phases of the injunction procedure) is nothing more than an instrument capable of protecting the creditor who presents a written proof of what he has loaned and to whom (see also Loans exchanged without paycheck ). The written “tests” are therefore very important: without, in fact, such a legal instrument could not exist.
Through the injunction order, the creditor can therefore count on an immediately enforceable title against the debtor, without necessarily going through the ordinary judgment, which could lead to years of waiting. The peculiarity of the injunction is that it takes place unheard of otherwise, that is, without having listened to the other party, in other words: without contradictory. In practice, at the request of the creditor, who alleges certain proof of the credit to be collected, the judge orders the debtor to pay the debt or return certain items within 40 days of the notification.
Once the injunction has received the injunction, the latter therefore has forty days to repay the debt or file an opposition, under penalty of forced execution. As far as costs are concerned, it is possible to consult the tables issued by the courts drawn up by the observatory commissions in order to orientate themselves in this field.
What to do if you receive it
If he happens to receive an injunction, the debtor can act in two ways: if he believes he does not have to return anything, he can make an opposition, and therefore oppose a refusal to pay (see also I need money ); or, when in fact the credit must be returned and this is admitted, it can decide to accept the injunction and request the installment of the amount due. In the first case, the opposition must be sent within 40 days of receipt of the injunction (paying attention to attach all the documents that can prove the non-existence of the credit), by means of a summons: in this way the second phase starts of the injunction proceedings, before the competent judge.
In the second case, on the other hand, the debtor must demonstrate that he is in precarious and difficult economic conditions and apply to an office or a mediation and conciliation body which, if he accepts the request, will give rise to an installment ordinance, including however the default interest which will have to be returned to the creditor, plus the payment of the costs for the injunction. To learn more, you can connect to the websites of the Bar Association (where there are also types of models to use) or consult the online news of the most important law firms.