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Checklist: key checks before filing a petition for conservatory attachment

2 min read · Editorial oversight: Avv. Federico Papa

This checklist enables the verification of the formal and substantive validity of the petition prior to electronic filing. Conducting these checks reduces the risk of the measure becoming ineffective or being dismissed for procedural defects.

In brief

The petition for conservatory attachment is governed by Articles 671 c.p.c. and 2905 c.c. A power of attorney granted for proceedings on the merits extends to interim proceedings (Cass. n. 23625/2011). The applicant must prove fumus boni iuris and periculum in mora, specifically the concrete risk of asset dissipation. Jurisdiction is determined by Articles 669-ter and 669-quater c.p.c. The document requires a digital signature and precise party identification. Pursuant to Art. 675 c.p.c., the attachment order loses effect if not executed within a 30-day mandatory deadline from issuance.

1.
Verification of the legal basis
Ensure that the document correctly cites Articles 671 c.p.c. and 2905 c.c. to properly frame the application for interim relief. The omission of these references or reliance on incorrect legal bases may compromise the classification of the petition.
Related practical guide: How to draft a petition for conservatory attachment with AI
2.
Powers in the power of attorney
Check that the power of attorney grants authority for interim proceedings. According to established case law (Cass. n. 23625/2011), a power of attorney issued for proceedings on the merits extends to the interim phase without requiring express authorization, unless explicitly excluded.
3.
Evidence of fumus boni iuris
Verify that the claim is clearly described and supported by documentary evidence proving its existence. Without solid documentary proof of the claim, the court will not grant the measure.
4.
Existence of periculum in mora
Ensure that concrete evidence of the risk of asset dissipation is included, avoiding generic statements regarding insolvency. The absence of specific facts demonstrating the risk of losing the general guarantee of assets leads to the rejection of the petition.
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5.
Determination of quantum and identification of assets
Ensure that the amount for which the attachment is requested is specified and proportionate to the claim. Incorrect or disproportionate quantification can cause the rejection of the petition or a reduction of the measure by the court.
6.
Competence of the court
Verify that the petition is addressed to the competent court pursuant to Articles 669-ter and 669-quater c.p.c., distinguishing between pre-suit applications and pending litigation on the merits. An error in choosing the court results in a lack of competence and procedural delays.
7.
Completeness of party data
Check that the identification details of both creditor and debtor are accurate, including tax codes and registered offices. Errors in identifying the debtor can impede the subsequent execution phase of the attachment.
8.
Dating and signature of the document
Verify that the document is dated and digitally signed by counsel prior to uploading it to the electronic portal. The lack of a digital signature constitutes a curable nullity if the document has achieved its purpose (Cass. S.U. n. 22438/2018).

Editorial oversight: Avv. Federico Papa·ICAM

Frequently asked questions

What happens if the attachment is not executed within 30 days?

Pursuant to Art. 675 c.p.c., the conservatory attachment order loses effect if it is not executed within the mandatory deadline of 30 days from its issuance.

Is it sufficient to allege non-payment by the debtor to obtain the attachment?

No, it is not sufficient. It is necessary to prove not only the claim (fumus boni iuris) but also the concrete and present danger that the debtor might dissipate their general asset guarantee (periculum in mora), pursuant to Art. 671 c.p.c.