Credit is the legal position that in the obligatory relationship corresponds to the person who is to receive a performance.
Normally, the debtor voluntarily fulfills his obligation, but it may happen that this does not happen, in which case the legal system makes legal instruments available to citizens to obtain the coercive satisfaction of their credit. The assistance of a lawyer is essential to understand which tool to use and how to act in high-contrast contexts.
The enforcement title
Having an enforceable title is an essential prerequisite for the enforced recovery of a debt: in fact, a debt can only be forcibly recovered if it is contained in an enforceable title.
Enforceable titles are the judgment, the injunction, orders and decrees where the law considers them as such, but also minutes of judicial conciliation, public acts and many other acts.
At this first stage, Lawyers will help you obtain an enforceable title (if you do not already have one) to proceed with enforcement.
Enforcement
In cases where a claim is not fulfilled, the Lawyers, after an attempt at amicable settlement of the dispute, will proceed to forced execution.
Especially when it comes to claims of a pecuniary nature, the search for and aggression against assets that are easy and ready to liquidate makes it possible to satisfy the creditor's reasons. In this field, it is not indifferent to choose between the attachment of a salary or pension and the attachment of property, real or movable. The activity of search and aggression of these assets can only be carried out through a Lawyer and this is functional to the best satisfaction of one's claims.
Specific enforcement
Specific performance is a judicial tool to be used when one of the parties fails to fulfill agreed obligations. This is aimed at forcing the defaulting party to specific performance (i.e., to realize precisely the exact performance to be received by the creditor) or, if no longer possible, to pay damages in cash equivalent. Among such cases, that of the performance of the preliminary contract (also called "compromise" in the real estate market) assumes particular practical relevance. The assistance of a lawyer in this area is essential to ensure the security of contractual transactions and their fulfillment.