google-site-verification=fW9ic3r_naxgruDksv5S6Ug4tN6LSm6wUy51njmsY0M
 

GIOVANNONI & BETTELLA LAW FIRM

CALL NOW

TEL. 049 725117

giovannoni.bettella@gmail.com

It is necessary to distinguish the credit proof provided by the bank in the monitoring procedure from that required in the opposition judgment.

In the judgment of opposition to an injunction, the bank must produce all the account statements relating to the relationship in respect of which it has advanced its credit claim. Otherwise, as can be seen from the sentence of the Court of Pescara of 6 April 2017 attached below, there is a risk that the injunction obtained against the customer will be revoked.

Proof of credit

The judge, in fact, recalled at that time that it is necessary to distinguish the proof of credit provided by a banking institution in the monitoring procedure from that required in the subsequent opposition judgment.

More specifically, the extract pursuant to article 50 of the Consolidated Law on Banking, that is the unilateral declaration made by a bank official, accompanied by a certification of its compliance with the accounting records and by a certification regarding the truth and liquidity of the credit, has evidential effectiveness. only in the proceedings by injunction.

Instead, in the opposition judgment it is necessary to produce the account statements, that is the functional documents to certify the debit and credit movements that have occurred since the last balance and in which the active and passive conditions that the bank applies are also indicated. The statement, in fact, "after the due period of time from its communication to the account holder, becomes indisputable and is, consequently, suitable to serve as proof also in the subsequent litigation initiated by the customer".

The reference to sending the account statements is not sufficient

Having said this, the Court specified that, for evidential purposes, the simple reference to the sending of the account statements to the customer and the fact that the latter received them and did not contest them is not sufficient.

In fact, the unavailability of these documents prevents the judge from verifying both the transactions actually contested and the ways in which the debtor position of the account holder was determined.

Therefore, if, despite the arguments of the opponents in this regard, the credit institution fails to produce the account statements in the opposition judgment, the injunction obtained must be revoked.

Thank you! The message has been sent.