The Transcription of Vehicle Seizure is the service that provides for the transcription of the seizure on movable assets registered with the Public Automobile Registry (PRA).
The Transcription of a Vehicle Seizure is a necessary procedure in order to produce the effects of seizure and therefore remove the registered movable property from the debtor and collect the proceeds to recover a credit.
In the past, the seizure of registered movable property was carried out using the same procedures as those provided for the seizure of movable property. Law no. 132 of 6 August 2015 introduced Article 521 bis into the Code of Civil Procedure , in order to more accurately regulate the institution.
Article 521 bis of the Code of Civil Procedure states verbatim: “In addition to the forms provided for in Article 518, the seizure of motor vehicles, motorcycles and trailers may also be carried out by means of notification to the debtor and subsequent transcription of a deed in which the assets and rights that are intended to be subjected to execution are precisely indicated, with the details required by the special law for their registration in the public registers, and the injunction provided for in Article 492 is made to him. The seizure also contains the notice to deliver the seized assets within ten days, as well as the titles and documents relating to their ownership and use, to the judicial sales institute authorised to operate in the territory of the district in which the place in which the debtor has his residence, domicile, abode or headquarters is included or, in its absence, to the nearest one.”
Furthermore, paragraph 5 of the same article clarifies that: “ Once the last notification has been made, the judicial officer shall deliver the seizure notice to the creditor without delay so that he can proceed with the transcription in the public registers. Within thirty days of the communication referred to in the third paragraph, the creditor must deposit the note of registration in the register, with certified copies of the enforcement order, the formal notice, the seizure notice and the transcription note, in the registry of the court competent for the enforcement. […]” therefore, once the last notification has been made, the judicial officer shall deliver the seizure notice to the seizing creditor in order to allow him to proceed with the transcription of the seizure of the vehicles in question.
The seizure deed must specifically list all registered movable assets that are to be seized from that moment.
Registered movable property that can be seized for the purpose of transcription is listed in art. 1 of the rdl 15.3.1927, n. 436 according to which: “the denomination of motor vehicles includes cars, trucks, tractors with their trailers and any other vehicle similar to the aforementioned, as well as motorcycles, with the exception, with regard to this last term, of bicycles equipped with small auxiliary motors, ordinarily called motor bicycles or light motorcycles”.
To seize a vehicle, it is first necessary to notify the debtor, specifying in accordance with Article 521 of the Code of Civil Procedure: details of the vehicle, an injunction pursuant to Article 491 of the Code of Civil Procedure and a request to deliver the asset to the judicial sales institute within ten days (IVG). Only after having completed these tasks can the transcription be carried out.
To request the transcription of the vehicle seizure, it is necessary to have only the copy for transcription use of the notified seizure. We take care of the drafting of the transcription note on electronic media. The diskette is sent to the Public Automobile Registry with the note on electronic media and paper media. The payment of the NP-3B form and any other necessary fulfillment to complete the transcription procedure is also made.
The transcription of the seizure can be carried out even if there are multiple owners and not all of them are liable towards the creditor.
The purpose of transcribing the seizure of a motor vehicle is to make the seizure enforceable against third parties and thus induce the debtor to pay the amount due in order to request the cancellation of the seizure on the vehicle in question.
Requesting the transcription of the seizure on Certificates and Visure is very simple! Just a couple of clicks to start the order that will be received by our systems and put into processing as quickly as possible.
The vehicle seizure transcription service is completed within 7 working days throughout the country.
We provide free assistance 24 hours a day, seven days a week for the entire duration of the order and after its delivery.
For any information or clarification you can send your requests from the contact us page.
