I was stripped of the current account on which flows the only pension (already reduced by 1/5 for a previous attachment) the bank held one fifth of the first credit last month and blocks the bill only out: also the second credit of pension is therefore burdened for a further fifth and I am allowed to withdraw only the surplus. An explanation over at cheaprunescape2gold.com
I ask what I have to do and to whom I have to address in order not to be subjected to a double foreclosure every month and to block payments to the distrained account, if the bank’s behavior is correct.
The proceeding creditor can not intervene on the crediting of the pension by foreclosure of the current account. In fact, Article 545 of the Code of Civil Procedure states that the amounts due as pension, when the crediting takes place after the date of notification to the bank, can be seized only by ordinary procedure with INPS, also taking into account impurity of the vital minimum (maximum social allowance, increased by half). The same rule reiterates that the attachment executed on the pension, in violation of the ban just mentioned and beyond the limits set by the law, is partially ineffective.
Furthermore, the second attachment is unlawful if it originates from claims of the same nature as those for which the first attachment of the pension was triggered. Recall that the nature of the credits can be broadly classified as ordinary loans (banks, private and financial), tax credits (receivables claimed by the public administration) and food claims (those claimed by a divorced or divorced spouse or by relatives in need) who have successfully turned to the judge for maintenance).
The behavior of the proceeding creditor is even more serious if, having already obtained 20% of the distraught part of the pension with INPS, he has notified the attachment to the bank not limited to the withdrawal of the available availability (leaving the last pension crediting intact). ), but reiterating the enforcement action for the same claim against the debtor’s pension. In practice, it would be a double foreclosure of the pension, for credits of the same nature and by the same creditor.
Therefore, the most suitable, linear and effective solution is to rely on a lawyer who presents an appeal to the execution judge against the second (or the same) creditor. You could also resort to the Financial Banking Arbitrator, at a cost of 20 euros and without the technical support of a lawyer (with a simple written record): however, so proceeding, at best, the bank would be forced to stop the withdrawal , but the incorrect proceeding creditor could reiterate the current account foreclosure.