Debt Collection in Italy

Welcome to Studio Legale Giorgianni, your trusted partner for debt collection in Italy.

Are you owed money in Italy? Navigating the complexities of debt collection in Italy can be a daunting task for a foreign Creditor. Do not worry! Our Italian law firm has more than 15 years of experience in debt collection in Italy. We are here to help and assist you efficiently and effectively.

Why choose our Italian law firm for collecting your debt in Italy?

• Our Italian attorneys have more than 15 years of experience in debt collection in Italy. We are a team of highly experienced Italian lawyers who are not only well-versed in the Italian legal system but also specialized in debt collection.
• We operate throughout the Italian territory. Our law firm operates throughout Italy and before all Italian courts.
• English language Support. Struggling with language barriers? Our team of Italian lawyers speaks both English and Italian fluently.
• Transparent Process. We provide complete transparency in our process, with regular updates on your case. You will always know where you stand.
• Proceedings begin within 48 hours. Once the case is formally assigned to us, proceedings begin within 48 hours and, on average, the out-of-court stage is completed within 45 days.

How does the debt collection procedure work in Italy?

Debt collection in Italy involves a structured process, mainly regulated by the Italian Civil Code and Civil Procedure Code. Basically, debt collection in Italy can be split into two phases: the out-of-court debt collection and the court debt recovery, when this phase is possible, as it is activated only in the event that the out-of-court debt collection is unsuccessful or in case of a partial recovery of the debt.

The out-of-court phase for debt collection in Italy

Once we receive official assignment of the case, along with the necessary documentation, proceedings begin within 48 hours.

The first step of debt collection in Italy is to put the debtor in default. We send a formal notice, via registered letter or certified e-mail, asking them to resolve the debt within a certain amount of time, after which legal action will be requested.

If the debtor does not respond to the letter of formal notice, we will try to contact them via telephone and email, inviting them to pay the amount owed.

We aim to recover the debt during the out-of-court phase, without the need to go to court. Usually the out-of-court phase of debt collection in Italy is closed within 45 days. If the debt is not recovered or if it is partially recovered, we will evaluate, together with the Client, if it is convenient to start the judicial phase for the recovery of the debt.

Court phase for debt collection in Italy

If the out-the-court phase was unsuccessful and if the credit is certain, liquid and payable, as in the case of a commercial invoice, the creditor can apply to the court for a payment injunction, known as a “Decreto Ingiuntivo”. This is an expedited procedure that enables the creditor to quickly obtain a court order against the debtor. The debtor has 40 days to oppose the order, and if they do not, the injunction becomes final and enforceable.

If the debtors propose an opposition to the payment injunction or if the debtor’s solvency is uncertain, a lawsuit can be started in court. The creditor can then obtain a final judgment, which can be enforced if the debtor still does not pay.

If the debtor still refuses to pay the debt despite the final judgment or enforceable injunction, the creditor can start enforcement proceedings. These typically involve seizure and sale of the debtor’s assets. It can include garnishment of wages, seizure of bank accounts, and forced auction of real estate or movable properties.

Ready to collect your debt in Italy? Contact Us today for a free consultation.