How to draft a request for conversion of attachment with AI

The steps

1. 1.

   Verification of timeliness and procedural status

   The primary requirement under Art. 495 c.p.c. is the timeliness of the filing, which must occur before the Enforcement Judge (Giudice dell'Esecuzione) orders the sale or assignment of assets. It is necessary to inspect the electronic court file to verify that the sale order has not yet been issued, as missing this deadline renders the request inadmissible. The legal practitioner must ensure that the attachment was duly perfected and that no previous conversion request was rejected, since the application may be submitted only once. This preliminary verification avoids immediate rejection on procedural grounds and unnecessary payments of security deposits.

2. 2.

   Calculation and payment of the one-sixth deposit

   The application is admissible only if accompanied by the deposit in the court registry of a sum equal to at least one-sixth of the total amount of the claims of the attaching creditor and any intervening creditors. The calculation of the one-sixth quota must be based on the debt stated in the attachment deed and in the petitions for intervention; the definitive quantification of interest and costs is reserved for the Judge at the hearing. Payment must be made via a judicial deposit account or a cashier's check made payable to the execution proceeding, and the receipt must be electronically attached to the application. A missing or insufficient payment results in the incurable inadmissibility of the conversion request.

3. 3.

   Determination of the total amount and request for installment payments

   In the application, the debtor must offer to pay the entire sum required to discharge the debt, including principal, interest, and procedural costs. Art. 495 c.p.c. grants the Judge the discretion, upon showing justified grounds, to authorize monthly installment payments of the remaining sum over a maximum period of 48 months. Counsel must adequately substantiate the request for installments by demonstrating the debtor's economic position and the viability of the proposed repayment plan. It is advisable to attach supporting financial documentation proving the debtor's income capacity to meet the schedule.

4. 4.

   Drafting the application and formal requirements

   The application must state the exact General Register of Enforcement (R.G.E.) number and the full identification details of the parties. It must unequivocally express the debtor's commitment to replace the attached assets (movable, immovable, or garnished from third parties) with a sum of money pursuant to Art. 495 c.p.c. The statute solely requires filing the application with the court registry; the debtor is under no obligation to serve the motion on opposing parties, as the hearing notice is served by the court registry. A clear presentation of the factual background and the debtor's financial stability supports the granting of the motion.

5. 5.

   Hearing and order of the Enforcement Judge

   Upon filing, the Enforcement Judge schedules a hearing for the parties to appear and for the determination of the total amount due. At the hearing, the Judge quantifies the final amount, taking into account the statements of claim filed by the creditors. If the motion is granted, the Judge issues an order determining the schedule and terms of the payments and ordering the suspension of the sale. Only upon full payment of the final installment or total balance will the Judge issue an order declaring the attachment extinguished and the assets released from the lien.

Legal basis: art. 495 c.p.c.