On To Seizure 'of Wages

Original Language Title: Sulla Pignorabilita' Degli Stipendi

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LAW to seizure 'SALARIES May 27, 1899 1. - The salaries of state employees may not be seized nor seized within the limits set out in this Act and for loans of not less than 10 pounds are considered as being equivalent to the salaries, pensions, and ancillary ordinary or extraordinary, the rewards paid by the State to its employees. 2. - The seizure or attachment may not hit that salary. The to seizure or to seizure of salary, however, is extended to the third in favor of maintenance claims, meaning by this name as the credits of those to whom the employees must by law or judgment to pay food, as well as those of those who administered food to 'clerk or his family. 3. - The state retains a right of retention to the extent of two-thirds of the salary for the debts dagl'impiegati contracts towards it from the exercise of their functions. 4. - The wage assignments are valid up to the amount of the fee to which foreclosure would be valid for the same securities. 5. - They can not sequestered nor pignorarsi sums owed by the State as a result of the contract or supply, until the work has not been tested and the deliveries made. Above receivables from the existing State after the fulfillment of these conditions, you will be entitled to privilege the workers who served their work and after them those who administered the raw material. 6. - Any person intending to seize the salary of an employee must make a request all'Ecc.ma Regency, which shall give the employee the same communication ordering him to appear in court within a period not less than five days, notice to the government cashier. These will be required to immediately declare that requests it the other existing constraints on the employee's salary and motions filed against him by other creditors. 7. - If the hearing established the defendant he appears and confesses the debt, or whether in his absentia instant with documents or the taking of the oath gives proof of his claim, the Ecc.ma Regency separate issue pede undecreto with whom will order the award of salary in this Act limits. 8. - If sloping instance, or on the day of the hearing, but before it is pronounced the decree, another creditor did borne award for instance of the same employee, it shall be notified to it and will, when necessary , postponed the hearing so that more and five days after the second notification. 9. - The Ecc.ma Regency pronuncierà one decr to the various awards. If competitors creditors have a title of the same nature, the allocation of the available salary will share in proportion to their credit. If contribute ordinary creditors and creditors to foods, the distribution falls on the salary, always in proportion of their credits, regardless of the difference of 2.15 between the fifth and the third, which goes to Profito creditors for food. 10. - When the employee wield the debt or the creditor intends to hold as a simulated or fraudulent sale or a pre-existing seizure, the Ecc.ma Regency remitting fixed hearing parties before the competent judicial authorities for the decision on the substance. When the judgment delivered by this is definitive and favorable to the creditor, it must renew the instance all'Ecc.ma Regency for the award of salary. In this case, the effects of the award decree retrotraggono the moment it was uttered in the referral order. 11. - When the credit against the employee result of a judgment, authentic instrument or recognized private document, will not be eligible, the effect of suspending the award, which the exception of payment, clearing, settlement resulting from a written act, and those prescription and falsehoods. In any other case the Ecc.ma Regency pronounces the award decree, unless the employee to assert jurisdiction within its rights. 12. - Foreclosures and sales successively take effect from the date of delivery of the award decree or from the notification of the government made the cashier transfer unless the rules contained in the preceding articles. However, if an attachment or a previous assignment should still have effect for a period of time not less than one year from the date of delivery of a new decree, the term course of a year, the second distraining go into competition with the previous creditor because of the whole of their claims. Transitional provisions.
Art. Unique. This Act has no retroactive force. But the sales or foreclosures of all or any other portion of the salary of more than three months now existing will, after this period, limited to the remaining credit in accordance with this Law.