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:
  • Analysis of the italian debtor;
  • Extrajudicial phase: drafting a formal legal notice of payment against the debtor located in Italy;
  • Telephone contact to the Italian debtor;
  • Court action;
  • Enforcement procedure on properties, bank account or credits belonging to the italian debtor.
After the analysis of the italian debtor, our Debt Collection Department drafts the formal legal notice of payment. In this stage our Law Firm will try to achieve the full payment from the debtor or to reach a settlement, trying to avoiding the judicial action in the best interest of the Client. The importance of this phase is not just warning the debtor that a judicial action is going to start but it has also a further meanings. Commercial credits may have a limitation period of five/ten years (depending on the kind of credit): it means that if the creditor waits more than five/ten years without interrupting the limitation period, his right will be extinguished.
                                                                

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:
  1. unpaid invoices translated into italian - it could be required the Notarial authentication of this documents - .
  2. documents of transport (if there is a delivery of goods);
  3. contract or confirmation order;
  4. recognition of debt (a written document from the debtor that admits the debt), even if this is not compulsory. The presence of this document permits us to require the injunction temporarily enforceable.
Once we receive the documentation, we begin our procedure of debt collection: the recourse is delivered to the competent Italian Court and If the debtor acknowledged the debt in writing, the order of payment will be issued temporarily enforceable and our Lawyers would be able to proceed immediately with the enforcement. If this document is missing, the provision is not temporarily enforceable. Once the injunction is released from the judge we will notificate it and the debtor will have 40 days to file an opposition to the decreto ingiuntivo, starting an ordinary opposition first instance court trial. If the debtor fails to submit its opposition in the term of 40 days, the order of payment becomes enforceable and it is considered as a final and binding decision.
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:
  1. Enforcement of the bank account belonging to the italian debtor;
  2. Enforcement of the real estate belonging to the italian debtor;
  3. Enforcement of goods belonging to the italian debtor;
  4. Enforcement of credits belonging to the italian debtor.
We look forward to cooperate with You.

FAQ

  1. Do I need an attorney to start a debt collection in Italy? Yes, only attorneys may proceed judicially. The debt collection agencies are not entitled to do that work. It is not possible the personal defense, you may only appoint an Italian lawyer that has a regular license and that is duly registered at the bar association.
  2. Is Dimarco & Partners International Law Firm entitled to represent the Clients in Court proceedings in Italy? Yes, our Law Firm is registered at the bar association of Milan with the number 2013002007.
  3. I am a foreign company and I want to start a debt collection case in Italy. Which documents do you need? We need the invoices, documents of transport, contract or confirmation order and any relevant correspondence.
  4. My debtor located in Italy recognized in writing the debt, do I have some benefits from that? Yes, we may obtain an order of payment temporarily enforceable, that means we may be entitled to enforce almost immediately.
  5. An Italian company sued me in Italy but it is evident the lack of the Italian jurisdiction, what do I do? In any case if you are sued in Italy you always have to hire a lawyer and file a professional defense. Differently, even if there is a lack of jurisdiction, the Italian creditor will win the case and he will have a sentence or an order of payment final and binding.
  6. In case my collection is positive, am I entitled to collect also the legal fees from the debtor? Yes, on general basis every amount we charge to the Client may be refundable from the debtor (of course the Judge may entitle an higher or lower refund but, usually, everything could be recovered).
  7. What do I do if I obtain an order of payment temporarily enforceable against a debtor located in Italy? We may send a first deed called precetto together with the order of payment and after 10 days we will be enticed to start the enforcement (real estates, bank accounts, warehouse or credits).
  8. I made a loan agreement between individuals, may I receive an order of payment even if I am not a corporate entity? Of course yes, the order of payment may work also between individuals, but the credit may be considered certain, liquid and payable.
  9. What is the limitation period to recover a credit? The general rule is 10 years, but depending on the kind of credit there could be different terms (for some credits the limitation period may be 5 years).
  10. Do you provide the service on the basis of a "no cure no pay" policy? No, in Italy it is unlawful to work on the basis of the "no cure no pay" policy. A lawyer that would use that policy may be suspended between 2 and 6 months from the bar association.