Debt collection in Italy
Our team of qualified lawyers regularly assist clients with both civil and commercial disputes related to debt collection.
We provide assistance for debt recovery
throughout the following stages:
- Pre-trial assistance including sending a letter before action to the debtor and fulfilling all the necessary formalities before a trial can be commenced in case of no payment by the debtor within the deadline indicated in the letter before action (normally between 7 and 14 days).
- Filing a lawsuit against debtor to obtain from the competent Italian Court an “injunction order” (Decreto Ingiuntivo) against the debtor with which the Court orders the debtor to pay the debt as well as interest accrued and legal expenses. Creditor’s attorney shall notify the Court injunction order to debtor. A Court order is usually issued within 60 days from filing the lawsuit.
- In case the debtor doesn’t pay within 40 days after notification of the Court order and debtor doesn’t file a lawsuit against creditor to oppose to the Court order, creditor may undertake all legal actions available to enforce the Court decision seize the goods of the debtor (bank accounts, properties, shares etc.).
- Alternatively should, for any reason, the debtor decide to appeal, a “regular trial” takes place. The main issues discussed in such a trial are the legitimacy of the order (mainly formal aspects), the existence of the debt and whether it is collectable. It is worthwhile to point out that in order to discourage debtors from filing groundless appeals, having as a unique scope the postponement of payment, Italian law provides a remedy which seems to be quite efficient: in case the appeal is not based on relevant circumstances proved in writing which have occurred prior to the payment injunction (for example, a written complaint regarding the quality of goods/services), the Italian Court may authorize the creditor to collect his credit without having to attend the end of the trial.
In order to obtain a Court injunction order, we shall provide to Court the following documents:
- copy of the title (contract, cheque, order, bill etc.) from which your credit has originated (if the documents are not in Italian, court will require a translation in Italian);
- copy of the invoices that have been issued by the creditor;
- copy of the shipping documents (if applicable) or proof that creditor has regularly supplied the goods or rendered the services;
- an extract of the company’s accounting records which show the relevant invoices. This document shall be certified by a public notary in country of residence of the creditor, translated in Italian and apostilled or legalized.
- a power of attorney signed by the legal representative of the company giving us the power to represent you before the court.