Do you provide support for credit collection in Italy?

We can assist foreign companies involved in credit collection activities against Italian companies.
Pursuant to Italian law:

we shall notify to debtor a letter before action;
in case debtor doesn’t’ pay within 7 days from receipt of the letter before action, we shall apply to Court to obtain a Court Payment Order (“DecretoIngiuntivo”).

Please consider that our assistance would include:

Collect from you all necessary documents and notify to debtor a letter before action;
Drafting and filing a lawsuit against the debtor in order to obtain from the competent Italian Court a “Court Payment Order” (“DecretoIngiuntivo”) against the debtor. Please note that Court will order debtor to pay you immediately full amount of your credit as well as interests and legal expenses. Court payment order is normally issued within 10 to 30 working days from the date of filing the lawsuit.

If the documents that you provide us meet certain requirements, we will be able to obtain from Court a payment order “provisionally enforceable” court payment order, which means that debtor has to pay immediately regardless of the fact that he intends to file an opposition against the Court order based on certain legal grounds.

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, we will need to translate them in Italian);
copy of the outstanding invoices (if applicable);
copy of the waybills (if applicable) or any other suitable documents to prove that you have regularly supplied the goods or given the services;
an extract of your accounting records which show the relevant invoices. This document shall be certified by a public notary in the country of residence of your company translated in Italian and apostilled or legalized;
a power of attorney signed by the creditor giving us the power to represent him before the Court, certified by a public notary in the country of residence of your company, translated into Italian and apostilled or legalized.
a “provisionally enforceable order” is generally issued by enclosing also a bill of exchange, a cheque or a bank draft, or an admission of debt (e.g. an e-mail from the debtor).

Please understand that if the debtor decides to appeal against the Court payment order, a “standard legal proceeding” will take place before the latter Court, provided that debtor in the meanwhile shall immediately pay you if the Court payment order is issued as “provisionally enforceable”.

Instead, both for provisionally enforceable and non provisionally enforceable Court payment orders, if debtor does not appeal the Court payment order within 40 days, such Court payment order will become a final judgment.

In relation to provisionally enforceable court payment orders and court payment orders which have become a final judgment, if debtor doesn’t pay within 10 days you will be able to attack debtor’s assets including real estate properties, bank accounts and other properties, titles or rights.