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Over-indebtedness: the documents to prepare before seeing the lawyer and the OCC

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In breve: before an over-indebtedness procedure, the professional will ask you for a precise list: all creditors with the sums owed, the acts of extraordinary administration of the last five years, the income tax returns of the last three years, and the income of you and your household. These are the points the Codice della crisi indicates for the discharge of the debtor with no assets (art. 283, paragraph 3) and that, in practice, are needed in every procedure. In addition, it is worth gathering contracts, bank statements, tax collection notices and the credit-register records in your name, which you can request for free.

1. The list of creditors

Name, nature of the debt, outstanding amount, any guarantees (mortgage, pledge, privilege, guarantors) and actions already started. For each one, a verifiable certified (PEC) or ordinary email address (art. 283, paragraph 3). Tax and social security debts are reconstructed from the statement of tax collection notices; banks from contracts, amortisation schedules and bank statements.

2. Income, expenses and household

Income tax returns or Certificazioni Uniche (annual income certificates) of the last three years, recent payslips or pension slips, ISEE (the Italian means-testing indicator) and documents on necessary expenses (rent or mortgage, utilities, healthcare, schooling). The difference between net income and necessary expenses is the share you could allocate to creditors.

3. Assets and acts of the last five years

Land and mortgage registry extracts (visure catastali and ipotecarie), PRA vehicle register extracts (visura PRA), shares in companies, accounts and securities. Then every act of extraordinary administration of the last five years: sales, donations, restrictions on use, payments to one particular creditor. A forgotten asset or act casts doubt on the credibility of the entire list, as explained in the guide on the OCC.

4. What appears in your name

How to order them

One folder per section, documents in chronological order, and an index. Veryfy's free questionnaire walks you through these same sections and immediately calculates total debts, the available share and the points to discuss with the lawyer. Then choose together with them among the procedures of the Codice della crisi.

This guide explains the law in general terms and is not legal advice: anyone in over-indebtedness needs a professional who looks at their case and the law currently in force.

Before you see the lawyer, get your case in order: the free questionnaire collects creditors, income, expenses, assets and acts of the last five years; the Over-indebtedness report at 29€ checks them against public data in your name (protests, procedures, encumbrances, positions held, shares, property) and gives you the PDF to hand to the professional. It is not legal advice, nor the OCC report.

Sources

Frequently asked questions

What documents are needed for over-indebtedness?

The list of creditors with sums owed, the acts of extraordinary administration of the last five years, the income tax returns of the last three years and an indication of the income of the debtor and his household (art. 283, paragraph 3), plus contracts, bank statements, tax collection notices and searches.

How do I get the statement of account (estratto di ruolo)?

You ask Agenzia delle Entrate-Riscossione, also online with SPID: it lists the tax collection notices in your name. It is useful because the tax authority is among the creditors to be indicated precisely.

Can I see for free what appears in CRIF and Centrale Rischi?

Yes: the credit information systems (SIC) through the data subject's right of access, and the Centrale dei Rischi from the Bank of Italy portal with SPID, CIE or CNS.

Does Veryfy replace these documents?

No. Veryfy organises your declarations and checks them against public data; you gather the original documents and hand them to the professional yourself.

Want to check a specific company?

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Prepare the report for your lawyer (29€)

The service is in Italian.

Further reading on this topic