Debt Collection in Italy
Nationwide, Judicial And Extrajudicial Recovery Of Unpaid Debt!
Request a free consultation
Guaranteed answer within 60 minutes
Years of experience
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.
We assist our Clients nationwide, in all Italy
Rates are determined prior to the official appointment of the mandate
Assistance is available to clients 7 days a week via telephone, videocall and e-mail
Need more information?
Contact us for free now!
Frequent Asked Question
What activities are carried out during the extrajudicial stage of debt collection in Italy?
The debtor is put into default, by way of registered letter or certified e-mail.
What is default?
The formal notice that the debtor is given, asking them to resolve the debt within a certain limit of time, after which legal action will be requested.
What happens if the debtor does not resolve the debt?
The judicial stage of debt collection can be initiated to recover the debt owed.
How is the judicial stage carried out?
The debtor is served a court summons to obtain judgement. If the debt for which they are summoned is confirmed, fixed and payable, the judicial stage can be initiated with an injunction order.
What is an injunction order?
It is a request issued by the judge, ordering payment by the debtor. If the debtor does not oppose the request within the time established by law, the injunction order becomes enforceable, and therefore the executive stage for the forced collection of the debt can be initiated.
What happens if the debtor opposes the injunction order?
Ordinary civil proceedings will be initiated.
What happens when the creditor obtains an enforcement order?
An enforcement order is the act confirming that enforcement can begin and it is always preceded by an injunction. An injunction is a formal request to resolve the debt within a given time, after which the enforcement procedure will begin.
What happens after the injunction is served?
The enforcement stage begins, by way of a foreclosure notice.
How many types of foreclosure are there?
Personal seizure: movable assets belonging to the debtor are repossessed, after which the assets are sold and the money collected is used to pay the creditor.
Garnishment: an order directing a third party to seize assets to settle an unpaid debt. For example, a bank where the debtor has deposited a sum of money.
Real estate foreclosure: Property owned by the debtor is repossessed and can be sold to satisfy the debt.