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After the debtor has paid the debt, the creditor cannot act for the costs of the draft notice

  • 12/02/2019

When the debtor has paid in full the sum indicated in the injunction order, including the interests and legal costs paid in the monitoring measure, the creditor cannot order the payment of the expenses, on the basis of the same decree, incurred after its issuance and necessary for the notification.

For these expenses, in fact, , the creditor must perform the action of ordinary cognition. This is established in Ordinance no. 2242 of 28th January 2019 of the Italian Court of Cassation.

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