Debt Collection in Italy

If you are going on business in Italy, there is a reasonable probability that you will be working with a family business.

The vast majority of Italian firms are family-run businesses that have existed for decades.

Continuity and the maintenance of trade relations are paramount. Industries in Italy also work for fairly long payout terms relative to industries in other European countries.

Were you affiliated with an Italian corporation which does not pay the invoice?

Seeing that the Italian legal system is oriented towards debtor security, you as a borrower will often have to make more effort to get the Italian company to pay.

Collect A Debt in Italy. Quickly.
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1. SUGGESTIONS IN THE EVENT AN ITALIAN CUSTOMER IS NOT PAYING

1.1 Give the Italian customer a reminder promptly Use a payment period of three and seven days Apply a demand form to the reminder Say in the reminder that if the payment is not received in due time, you must turn over the petition for receipt at the expense of the Italian consumer.

2. OUR ITALIAN ATTORNEYS ARE FAMILIAR WITH LOCAL LEGISLATION

2.1 Our Italian debt recovery attorneys have vast experience and knowledge of the Italian laws and rules. Therefore, they are fully aware of the Italian business traditions and culture, which makes it easier for your Italian debtor to make payments fast.

3. DEBT RECOVERY IN THE ITALIAN LANGUAGE

3.1 Our attorneys know both ENglish and Italian, so they can easily overcome the language barriers.

4. CUSTOMISED DEBT RESTRUCTURING

4.1 Our business debt recovery strategy is tailored to every single case, and we provide tailored advice to you.

5. STRAIGHTFORWARD GUIDANCE

5.1 We will always offer our honest advice on the likelihood that your debt recovery will be successful. It is vital to us to put your needs first; we are endeavoring to provide you with your choices and guidance on the best route to take. It is clear to see how we are upholding our core values of honesty and justice.


6. THE DEBT COLLECTION PROCESS IN ITALY

6.1 The process of debt collection in Italy can be broken down into two stages. Selection takes place during the extrajudicial process, without the intervention of the Court. We do include the Court during the legal process in order to make the Italian debtor pay.

6.2 Because we are a law firm, we are able to assist you in both processes. Many disputes in Italy are settled during the extrajudicial process, without the involvement of the Court.


7. EXTRAJUDICIAL DEBT COLLECTION 

7.1 In theory we often continue with the extrajudicial step of the debt collection cycle. We're trying to avoid the need to go to Court during this process, as this can be costly. We'll call your debtor in Italy to seek payment.  

7.2 We do have the following options at this stage:

  • Written letters of demand and phone calls: We send a written letter of complaint to the debtor and contact them by telephone, demanding that they settle the fee within a few days, together with interest and costs;
  • Create a payment arrangement: It is often best to agree to a payment arrangement. Once a settlement contract has been signed by the client they have already accepted the debt. At a later stage, that can be helpful. Nevertheless, it is important to employ the services of an Italian lawyer who speaks fluent Italian and is familiar with the Italian negotiating tactics before entering into a payment arrangement;
  • Announcing legal proceedings: Announcing legal proceedings will often convince the Italian customer to pay when no payment takes place. They do not wish to run the risk of starting a legal proceeding against them.
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Collect Debt Based in Italy

8. JUDICIAL DEBT SETTLEMENT 

8.1 If your debtor refuses to pay during the extrajudicial process we can go to the Court after mediation with you. 

8.2 We will always provide you with information about the possible costs in advance and we will only continue with your permission. There are a number of legal cases in Italy which you could start collecting your claim. The most important protocols are laid out below:

  • Reimbursement order ("Ingiunzione del pagamento"): The Italian order for reimbursement process takes place between the claimant and the Tribunal, without the participation of the debtor. Such procedures require you, the claimant, to order that a provisionally enforceable judgement be issued by the Tribunal. The debtor has only 40 days in which to fulfil the summons. If the debtor opts to lodge a claim, otherwise ordinary civil proceedings are launched automatically;
  • Ordinary civil litigation ("Processo ordinario di cognizione"): has your debtor lodged a complaint against the payment warrant, or is your claim contested? Usual civil proceedings can then be launched. The argument must be supported and substantiated for this to happen. Many proceedings will proceed, as the Court has stipulated. To substantiate your claim, it is likely that witnesses need to be given. Sometimes those trials can take longer than a year.


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International Debt Collection Agency

EUROPEAN ORDER FOR PAYMENT PROCEEDINGS

In the case of an uncontested dispute between two parties located in EU Member States (except Denmark)

European order for payment proceedings may be initiated.

In your situation, the prosecutor who manages the case will decide whether this kind of action is acceptable.

The claimant typically filled out a standard form for EU Order for Payment procedures and submits this to the Tribunal.

Instead, the Court issues a Local Transaction Notice. The debtor then has 30 days to decide whether they object to the charge. 

If no notice is obtained within the 30-day span, you can require the Court to finalize the payment order (called a "declaration of enforceability"). This decision is true and enforceable and is recognized in any Member State (except Denmark). 

The EU Payment Order is never appropriate for contested issues (so not in situations where there is a disagreement over the invoice).

The benefit of this process is flexibility and low cost (some Member States don't even impose a court fee), but the drawback is that if it gets challenged, the case stops, and if the claimant wants to continue, a regular civil action will have to be launched.


Debt Recovery in Italy. Fast.

Our business debt recovery methodology is customized to every single instance, so that we can provide objective advice to you.
We will always give our objective advice on the likelihood of your debt recovery being successful.
It is essential to us to place your interests first; we aim at providing you with your possibilities and suggestions on the best path to take. It is clear to see how we are pursuing our fundamental values of integrity and justice.

Collect a Debt In the Italy

What To Do When Your Italian Customer is Not Paying

- Contact your customer and demand why no payment has been and when exactly it will be.
   Always request the payment copy sent to you.
- Are you not able to solve the problem with your customer? Send them a certified letter requesting immediate payment.
- Be conscious that with ambiguous payment terms or arguments, your Irish debtor may try to gain additional time.
Persevere, be direct and never postpone.
- In Italy, a payment period of three to seven days is normal

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Our Italian debt collection experts have comprehensive experience and perspective of Italian laws and policies.
Therefore they are perfectly aware of Italy trading values and traditions.
Which makes it easier for your Italian debtor to quickly make payments.

Debt Collection Law Italy

Debt Collection Law Italy

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We follow your instructions at all times and ensure regular communication with you via collection reports, recommendations regarding debtor payments, payment plans and, where necessary, repossession and Court proceedings.

Debt Collection Process in Italy

We have prepared for you a comprehensive article about how the debt collection process works in Italy.
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Debt Recovery in the Italy