Debt Collection Lawyers in Torino, Italy | Debt Recovery Legal Services
Dimarco & Partners International Law Firm
Our Debt Collection Lawyers in Torino (Turin) are specialized in debt recovery legal services in favor of foreign entities. Our Italian attorneys have a significant experience in the field of debt collection and this expertise allows us to assist the Client in each phase of work (out od court and judicial activities). Our Law Firm already takes care of the debt recovery, related mostly to unpaid invoices, in favor of multinational companies handling more than 500 cases per month. We believe that the approach in debt recovery has to be methodological and for this reason we divide our activities in precise phases:
THE COURT ACTIONS IN TORINO:
1. unpaid invoices translated into italian and authenticated;
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 firstly check the italian jurisdiction and if the Court of Torino is the competent one. This preliminary work, made by our debt collection lawyers, has a crucial meaning: in case the case is strong but it is started a court trial without duly checking the jurisdiction, it is possible that the case would be lost and the Client condemned to pay the legal fees to the debtor.
After the preliminary check, our Lawyers commence the debt collection procedure: the decreto ingiuntivo is delivered to the Court of Torino or to any other Court in Italy (it can be done online from our telematic software) and If there is a recognition of debt the order of payment will be issued temporarily enforceable and our Lawyers will be entitled to start the enforcement immediately. If this document is missing, the provision is not temporarily enforceable. The Court of Torino normally takes 2/3 weeks to release the Court Order. Once it is released from the judge, we provide the notification (through telematic software or through the bailiff, depending if the debtor is a corporate entity or an individual) and the debtor has 40 days to file an opposition to the decreto ingiuntivo starting an ordinary action. If the opposition is not filed in the term of 40 days, the order of payment becomes enforceable and it is considered as a definitive judgement.
Once the order of payment is issued, it entitles the creditor to recover the capital sum, the commercial interest - between 7.5% and 8% per year - the out of pocket expenses (court fees and other out of pocket expenses related to the order of payment) and in the fees of the lawyers which are by the Court.
Please also note that in this kind of action, if the credit does not overcome the amount of euro 50.000,00, in order to start a court trial to recover the credit, it is a compulsory condition to start the procedure of "out of court negotiation", called in italian procedura di negoziazione assistita.
In case the debt collection in Torino is positive and we obtain an enforcement order, our Lawyer proceed with its notification, attaching a further deed called precetto, and after ten days from the positive reception of the writs from the debtor, they can enforce the credit.
1. Enforcement of the bank accounts or credits belonging to the debtor resident in Torino;
2. Enforcement of the real estate belonging to debtor resident in Torino;
3. Enforcement of goods belonging to the debtor resident in Torino;
The Choice is important as any of these kind of enforcement needs a different procedure, court fees and expenses. It is of course possible to promote more than one enforcement per time.
We look forward to cooperate with You.