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Checklist: what to check before filing a petition for conservatory attachment

2 min read · Editorial oversight: Avv. Federico Papa

This checklist helps verify the formal and substantive validity of the pleading before filing or service. Performing these checks reduces the risk of procedural defects, summary dismissal, or loss of effectiveness of the interim measure.

In brief

A petition for conservatory attachment requires strict compliance with Articles 671 c.p.c. and 2905 c.c. A power of attorney granted for proceedings on the merits extends to the interim application unless explicitly excluded (Cass. n. 23625/2011). The application must substantiate both fumus boni iuris and periculum in mora, understood as a concrete risk of asset dissipation. Jurisdiction is governed by Articles 669-ter and 669-quater c.p.c. The pleading requires a digital signature and complete identification of the parties. Pursuant to Art. 675 c.p.c., the order loses effect if not executed within a 30-day mandatory deadline from issuance.

1.
Verification of the legal basis
Ensure that the pleading explicitly cites Articles 671 c.p.c. and 2905 c.c. to properly frame the application for interim relief. Omitting these statutory references or relying on incorrect legal bases may compromise the qualification of the petition.
Related practical guide: How to draft a petition for conservatory attachment with AI
2.
Powers in the power of attorney
Ensure that the power of attorney covers representation in interim proceedings. According to established case law (Cass. n. 23625/2011), a power of attorney granted for the proceedings on the merits extends to the interim phase without requiring express authorization, unless explicitly excluded.
3.
Evidence of the fumus boni iuris
Ensure that the claim is clearly detailed and supported by documentary evidence demonstrating its existence and likelihood of validity. Absent solid documentary proof of the claim, the court will not grant the interim measure.
4.
Concreteness of the periculum in mora
Ensure the inclusion of concrete evidence demonstrating the risk of asset dissipation, avoiding boilerplate statements regarding general insolvency. The failure to plead specific facts establishing a well-founded fear of losing the debtor's assets will result in the dismissal of the petition.
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5.
Identification of value and assets
Ensure that the amount for which attachment is sought is specified and proportionate to the underlying claim. An incorrect or disproportionate quantification may lead to the rejection or reduction of the measure by the court.
6.
Jurisdiction of the court
Ensure that the petition is addressed to the competent court pursuant to Arts. 669-ter and 669-quater c.p.c., distinguishing between pre-suit applications (ante causam) and pending litigation. Selecting the wrong court results in a lack of jurisdiction and delays in securing relief.
7.
Completeness of party details
Check the accurate identification of both petitioner and respondent, including tax codes, certified email addresses, and registered offices. Errors in identifying the debtor can hinder or jeopardize the subsequent execution phase of the attachment.
8.
Signature and date
Ensure that the document is dated and digitally signed by counsel prior to upload to the electronic court portal. The absence of a digital signature constitutes a sanable nullity provided the pleading has achieved its intended purpose (Cass. SU n. 22438/2018).

Editorial oversight: Avv. Federico Papa·ICAMContent drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction

Frequently asked questions

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

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

Is stating that the debtor has failed to pay sufficient to obtain an attachment?

No, mere non-payment is insufficient. Pursuant to Art. 671 c.p.c., the applicant must prove both the likelihood of success on the merits (fumus boni iuris) and a well-founded fear that the debtor may dissipate their assets pending the outcome of the proceedings on the merits (periculum in mora).