Asset investigations: how to trace a debtor's assets.

Obtaining a judgment or an injunction order is only half the journey. The question that separates a recovered claim from a title that stays on paper is another one: does the debtor have attachable assets, and where are they? Starting an attachment «in the dark», without knowing whether there are accounts, real estate or income to recover against, often means advancing legal and enforcement costs only to discover there is nothing to seize.

This is exactly what asset investigations were created for: to answer that question before taking the first enforcement step. They are the tool with which companies, professionals and creditors assess the counterparty's actual solvency and direct recovery action where it can truly produce a result.

What asset investigations are and why they matter

The principle is set out in art. 2740 of the Italian Civil Code: the debtor is liable for the fulfilment of obligations with all present and future assets. Turning that principle into a concrete recovery, however, requires knowing which assets exist and how attachable they really are. An asset investigation reconstructs a documented picture of the debtor's holdings, typically structured around:

• Real estate: ownership, shares, property rights and prejudicial entries (mortgages, attachments already registered) appearing in the land registers.
• Banking and financial relationships: the existence of account relationships, registrations and balances, reconstructed within the limits of the law.
• Shareholdings and corporate roles: stakes, management positions and links with other companies, often the real core of the assets.
• Registered movable property and income: vehicles, employment relationships and income sources useful to quantify the capacity to repay.

From investigation to enforcement: how the results are used

A well-built asset dossier serves three purposes: deciding whether to act, understanding how to act and protecting the claim from evasive manoeuvres. The information gathered makes it possible to direct precisely the tools the law provides to the creditor:

• Electronic search for assets (art. 492-bis c.p.c.): the preliminary investigation allows the lawyer to request targeted access to public-administration databases, avoiding generic and dispersive applications.
• Revocatory action (art. 2901 c.c.): when the debtor empties their assets through sales or donations in fraud of creditors, documenting the timing and methods of those acts is the prerequisite to have them declared ineffective.
• Targeted attachment: knowing in advance which assets to recover against reduces costs, time and the risk of fruitless enforcement.

This is precisely the aim of our asset and financial investigations. When the debtor has instead become untraceable, the first step is to reconstruct their location: this is handled by our untraceable-debtor tracing service.

Legality and method: the value of an authorized agency

The strength of an asset investigation lies in its usability: information collected outside the bounds of the law is not only unusable, it exposes the client to liability. This is why the activity must be entrusted to an authorized investigator pursuant to art. 134 TULPS, who operates within precise limits.

• GDPR-compliant: data processing takes place in compliance with EU Regulation 2016/679 and the Garante's guidelines, with a purpose limited to protecting a credit right.
• Procedurally valid dossier: the final report is documented, dated and signed by the investigation manager, structured to meet the burden of proof under art. 2697 c.c. and ready to be filed in the proceedings.
• ISO 9001 certified methodology: every assignment follows verifiable protocols — one of the certifications and prefectural authorizations that qualify Arcadia Company as a reliable operator.

Sesto San Giovanni and North Milan: close to those who need to recover

Arcadia Company's operational headquarters is located in Sesto San Giovanni, at Piazza Don Mapelli 60 — a position that allows us to quickly assist companies and professionals across the entire northern Milan area, the surrounding municipalities (Cinisello Balsamo, Cologno Monzese, Bresso, Cusano Milanino) and the whole province of Monza and Brianza.

Assignments are usually activated within 24-48 hours of the preliminary interview, with an operational plan and a budget defined before the start: no surprise costs at settlement. If you have a debt to recover, the first step is to understand whether it is worth acting: request a free, confidential preliminary consultation, protected by professional secrecy and with no commitment.