Practical guide
How to draft a petition for conservatory attachment with AI
4 min read · Updated May 2026 · Editorial oversight: Avv. Federico Papa
A conservatory attachment (sequestro conservativo), governed by Art. 671 c.p.c. and Art. 2905 c.c., is a precautionary measure aimed at securing a claim in view of future forced execution. A creditor who has a well-founded fear of losing the guarantee of their credit may apply to the court for authorization to attach the debtor's movable or immovable assets, or sums owed to the debtor by third parties. The application is introduced by petition (ricorso) pursuant to Art. 669-bis c.p.c. and requires proof of both the credit and the risk of dissipation of the debtor's assets.
In brief
Conservatory attachment, governed by Art. 671 c.p.c. and Art. 2905 c.c., is a protective measure securing the debtor's assets for future execution. Drafting the petition with AI requires demonstrating fumus boni iuris and periculum in mora under Art. 669-bis c.p.c. The pleading must identify the competent court, the parties, and the quantified credit. The judge may issue a decree inaudita altera parte per Art. 669-sexies c.p.c. The measure expires if not executed within 30 days pursuant to Art. 675 c.p.c.
The steps
- 1.
Identification of the Court and the Parties
The petition must be addressed to the court competent for the merits of the case, as established by Art. 669-ter c.p.c. for the pre-litigation phase, or to the judge before whom the case is pending. It is necessary to indicate precisely the personal details and tax codes of the petitioner and the respondent, along with the contact details of the defense counsel provided with a power of attorney. Correct identification of the parties is essential for the subsequent service phase and for any attachment against third parties.
- 2.
Determination of the Subject Matter and the Claim
The document must contain an exact statement of the facts that generated the obligation and a precise quantification of the sum for which the precautionary measure is requested. It must specify whether attachment is requested on movable property, real estate, or receivables, although the request may be formulated generically 'up to the amount of a specified sum'. Unlike enforcement proceedings, conservatory attachment can protect claims that are not yet liquidated or due, provided they are supported by fumus boni iuris.
- 3.
Articulating the Likelihood of Success (Fumus Boni Iuris)
The petitioner must allege and prove the probable existence of the claimed credit right through supporting documentation, such as contracts, invoices, or debt acknowledgments. Absolute certainty, as required for a final judgment, is not necessary; a high degree of probability regarding the validity of the claim suffices. This section must be analytical and expressly cite the documents filed in the electronic court file to allow the judge a summary yet accurate assessment.
- 4.
Demonstration of the Danger in Delay (Periculum in Mora)
Pursuant to Art. 671 c.p.c., it is necessary to document the well-founded fear of losing the guarantee of the credit during the time needed to obtain an enforceable title. The danger may be subjective, arising from debtor conduct aimed at dissipating assets (suspicious sales, concealment), or objective, relating to the disproportion between the size of the debt and the remaining assets. Loss-making financial statements, protests, or other indicators of insolvency are decisive in proving the risk that future execution will be unsuccessful.
- 5.
Drafting Conclusions and Filing
In the conclusions, the application for authorization of the attachment within the specified value limits must be formulated, requesting if necessary the issuance of a decree 'inaudita altera parte' (without prior notice) if summoning the opposing party could prejudice the execution of the measure. Finally, the electronic filing is completed through the PST portal, along with payment of the unified court fee (contributo unificato) and the lump-sum advance (anticipazione forfettaria). The power of attorney must be specific and explicitly reference the precautionary proceeding under Art. 669-bis c.p.c.
Legal basis: art. 671 c.p.c.art. 669-bis c.p.c.art. 2905 c.c.
Related checklist: key checks before filing a petition for conservatory attachmentThe template structure
The standard sections that make up the document. The full template can be opened and completed directly on edit.legal.
Competent Court
Identification of the judicial authority competent for the merits or for the pre-litigation precautionary phase.
Parties
Complete indication of the details of the petitioner, the respondent, and the attorneys with power of attorney.
Facts: The Claim
Analytical description of the facts underlying the obligation and the monetary amount of the claim.
Likelihood of Success (Fumus Boni Iuris)
Legal arguments and evidentiary elements regarding the likelihood of the claim's validity.
Danger in Delay (Periculum in Mora)
Statement of circumstances justifying the well-founded fear of losing the asset guarantee.
Assets to be Attached
Specific or generic identification of the debtor's assets subject to the precautionary measure.
Conclusions
Formal application for attachment authorization and related precautionary or evidentiary motions.
Place, Date, Signature, and Power of Attorney
Formal closing elements of the document, digital signature of the attorney, and references to the special power of attorney.
Mistakes to avoid
- Failure to provide concrete evidence of periculum, relying solely on generic statements regarding the debtor's insolvency.
- Failure to execute the attachment order within the mandatory 30-day deadline (Art. 675 c.p.c.), resulting in the loss of effectiveness of the precautionary measure.
- Incorrect determination of the attachment value limit, leading to an excessive or indeterminate request relative to the credit.
- Use of a power of attorney (procura alle liti) lacking specific reference to the precautionary proceeding or the authority to request attachments.
Frequently asked questions
How much time do I have to execute the attachment after authorization?
Pursuant to Art. 675 c.p.c., the conservatory attachment order loses its effectiveness if it is not executed within 30 days from the date of its issuance.
Is it possible to request the attachment without the debtor knowing immediately?
Yes, if summoning the counterparty could prejudice the implementation of the measure, the judge may issue a reasoned decree 'inaudita altera parte' (ex parte) pursuant to Art. 669-sexies c.p.c.
What is the unified court fee (contributo unificato) for this petition?
The unified court fee for precautionary proceedings is equal to half of the fee provided for the corresponding merits trial, calculated based on the value brackets (D.P.R. 115/2002), plus a 27.00 euro lump-sum advance (anticipazione forfettaria).
What edit.legal automates
- —Automatic verification of the petition's compliance with the structural requirements of the uniform precautionary procedure under Art. 669-bis c.p.c.
- —Assisted generation of the 'inaudita altera parte' request clause based on the detected severity of the periculum in mora.
- —Cross-checking of legal citations between the c.p.c. and c.c. to eliminate typos in references to Arts. 671 c.p.c. and 2905 c.c.
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