Debt Collection Lawyers in Italy | Debt Recovery Legal Services
Dimarco & Partners International Law Firm
Our Lawyers in Italy are specialized in debt collection in all the italian cities in favor of foreign Clients. Our experience in the field of debt recovery allows us to collect significant amounts of money in favor of our Clients. Our Law Firm represents important national and international multinational corporate entities, handling a relevant amount of cases per month concerning unpaid invoices, loan agreements or contracts. We believe that the approach has to be methodological and for this reason we divide our activities in precise phases:
THE COURT ACTIONS
DECRETO INGIUNTIVO (Order of Payment)
for certain, liquid and payable credits:It is the most common procedure for the cases concerning unpaid invoices and loan agreements. In italy this court action is called "decreto ingiuntivo" and it is developed inaudita altera parte (that means that the Court will issue the decision without hearing or informing the debtor). Our lawyers submit the recourse to the Court enclosing the following documentation:
Our debt collection department has a wide experience in all the italian Courts, and it is made of experienced Lawyers in this field (our work is not made by paralegal, clerks or third inexperienced parties) .
THE ORDINARY COURT TRIAL
In case that the credit doesn't from an unpaid invoice or from a written document, it is not probably certain, liquid and payable. The typical case for corporate entities is the wrongful breach of a contract. In these kind of cases the agreements often contains a penalty clause to quantify the amounts due from a part that unlawfully made a breach of contract. Even if at first sight there is a clear determination of the credit, it is not possible to ask for an order of payment because the court has to ascertain the liability and the breach of contract, not considering the credit as certain, liquid and payable. For this reason it will be necessary to start an ordinary action in front of the competent Court. It is possible to check the various phases of the ordinary action in the section Litigation in Italy.
In case the debt collection is positive and we obtain an prder of payment temporarily enforceable, our Lawyer proceed with its notification, attaching a further deed called precetto, and after ten days from the positive reception of the pleadings from the debtor, we may proceed with the next steps: