The Draft is a Credit Title, whose function is to postpone the payment of a sum in money, which gives the legitimate holder (creditor) the right to be paid at a specific expiry date that is indicated in it.
There are two types of bills:
- Draft / Treats : the trader (the creditor) gives the order to the drawee (the debtor) to pay a sum to the bearer of the title, beneficiary or third party. By law, the hauler guarantees the bill of exchange and remains responsible for both acceptance and payment. For acceptance, you can exempt from acceptance by a specific clause, but not for payment.
Note : each creditor will be responsible for payment of the Draft / Route to those who own the Title.
- I will pay or Vaglia Cambiario : Issued by the debtor who makes a promise of payment to the creditor, or to the beneficiary of the title. The bill is signed by the issuer, which remains the principal in relation to the subsequent creditors.
- Stamp duty : 12 per thousand for the Cambiale / Tratta and 11 per thousand for the Pagherò or Vaglia Cambiario.
The modules can be bought in tobacconists as well as the stamp. The stamp is the cost of the draft that collects the state.
NOTE : The bill without stamp or stamp that has not been canceled in Swiss Post has no value of Executive Title and in the case of non-payment it is not possible to execute executive actions for the recovery of the due.
It is the judge, also ex officio, who declares the ineffectiveness of the Executive Title of the bill without the stamp.
Everyone can have a Loan guaranteed by Cambiale ? Or are there any real limitations on the granting and subsequent disbursement of this funding?
Getting a loan with the bill is not easy. We are no longer in the golden years of reconstruction, years in which the bill was in effect the loan that the bank gave wide hands as we knew that the debts were paid, today we are in strong economic tension, we know that the revenue is counted and this information is also given by those who grant funding. So issuing bills against a customer protested without a real guarantee is impossible, also because we know that in case of foreclosure the last will be placed at the end of the foreclosures already under way.
The financial institutions that grant the Cambialized Loan verify and evaluate the customer and decide on the basis of its Central Risks .
A person who has delays in payments or who has missed payment of installments of a Loan and who can not be financed through the Cession of the Fifth will also be denied the Modified Loan , unless there is a person who can be financed by Avalla with his signature is the Cambiale. The Avallo is valid as a guarantee in favor of the debtor, if he does not save the bill (s) the Avanteante will do it.
Analyzing the item Costs we add a further limitation: the bill has much higher costs than the traditional loan and those who find themselves in particular economic difficulty expose themselves to the Usura , network, this, absolutely destructive for themselves and for the family as well as for the Companies.
The bill has higher costs for both the rate of interest applied, in fact the greater the risk for the budget and the higher the rate, which for the stamp duty that collects the State, to be placed on the bill to validate, the value of the 1.2% on the value of the promissory note to be borne by the Borrower. The bill must be validated at the Post Office . It should be remembered that without a stamp canceled by the Post Office, the bill has no value as Executive Title .
The bills must be paid in penalty of being included in the Register of Protestants of the CCIAA of residence and if within the year you do not pay and you request the cancellation the Protest will be written in the Register of Protestants of the Court and the cancellation procedure will be long and burdensome .
Report of Protested in the Chamber of Commerce, what to do.
First of all, you must try to pay the bills of exchange before the year in which the bill is paid. The creditor must issue the written and signed Quietance ( Disclaimer ). With the receipt go to the local Chamber of Commerce and formally request the cancellation from the Register of Protestants of the Chamber of Commerce .
On the other hand, if the Protest is closed when it is more than a year ago or worse it is not closed at all, the report is also registered in the Register of Protestants of the local Court .
In this case the name of the Protestato remains reported for five years, if he wishes the cancellation must go to the Court and to the Protest Office of the Chamber of Commerce , where it is reported, with a request for rehabilitation (check or bill) accompanied by the creditor’s signature of the payment of the Protected Title ( Disclaimer ).
After 5 years automatically the cancellation of the Register in Court and the Register of Protestants of the Chamber of Commerce, and at the deadline it is appropriate to verify that this has actually happened !
Don Quixote to try to avoid financial problems to people who then drag themselves over time for many years considers it useful a comparison, a consultancy, aimed at evaluating an alternative solution such as for an employee may be the Cession of the Fifth of the salary or a Loan personnel who make a family that can be financed as a replacement.
So before deciding to put yourself in further economic difficulty it is worthwhile to analyze well your current and future financial situation. To do this you need an interlocutor who knows how to analyze your needs well.