28/07/2020
Debt Collection Lawyers in Italy - Dimarco & Partners
Our Debt Collection Lawyers in Milan are specialized in debt recovery legal services in Italy in favor of foreign entities. We operate in the whole italian territory (the court action are filed in a telematic way).
Our Law Firm already takes care of the debt recovery, related mostly to unpaid invoices, in favor of multinational companies handling more than 500 cases per month. We believe that the approach in debt recovery has to be methodological and customized.
The main action to recover the credit in Italy is the Decreto Ingiuntivo (Order of Payment) for certain, liquid and payable credits:
Our Lawyers submit the order of payment providing the following documentation:
unpaid invoices translated into italian and authenticated;
documents of transport (if there is a delivery of goods);
contract or confirmation order;
recognition of debt (a written document from the debtor that admits the debt), even if this is not compulsory. The presence of this document permits us to require the injunction temporarily enforceable.
Once we receive the documentation, we firstly check the italian jurisdiction and if the italian court is the competent one. This preliminary work, made by our debt collection lawyers, has a crucial meaning: in case the case is strong but it is started a court trial without duly checking the jurisdiction, it is possible that the case would be lost and the Client condemned to pay the legal fees to the debtor.
After the preliminary check, our Lawyers commence the debt collection procedure: the decreto ingiuntivo is delivered to the Court of Milan or to any other Court in Italy (it can be done online from our telematic software) and If there is a recognition of debt the order of payment will be issued temporarily enforceable and our Lawyers will be entitled to start the enforcement immediately.
If this document is missing, the provision is not temporarily enforceable.
The italian courts normally takes few weeks to release the Court Order. Once it is released from the judge, we provide the notification (through telematic software or through the bailiff, depending if the debtor is a corporate entity or an individual) and the debtor has 40 days to file an opposition to the decreto ingiuntivo.
If the opposition is not filed in the term of 40 days, the order of payment becomes enforceable and it is considered as final and binding
Once the order of payment is issued, it entitles the creditor to recover the capital sum, the commercial interest - between 7.5% and 8% per year - the out of pocket expenses (court fees and other out of pocket expenses related to the order of payment) and in the fees of the lawyers which are established by the Court.
FAQ
1) Do I need an attorney to start a debt collection in Milan? Yes, only attorneys may proceed judicially. The debt collection agencies are not entitled to do that work in Italy. It is not possible the personal defense, you may only appoint an Italian lawyer that has a regular license and that is duly registered at the bar association.
2) Is Dimarco & Partners International Law Firm entitled to represent the Clients in Court proceedings? Yes, our Law Firm is registered at the bar association of Milan with the number 2013002007.
3) I am a foreign company and I want to start a debt collection case in Italy. Which documents do you need? We need the invoices, documents of transport, contract or confirmation order and any relevant correspondence.
4) My debtor located in Italy recognized in writing the debt, do I have some benefits from that? Yes, we may obtain an order of payment temporarily enforceable, that means we may be entitled to enforce almost immediately.
5) An Italian company located in Italy sued me in Italy but it is evident the lack of the Italian jurisdiction, what do I do? In any case if you are sued in Italy you always have to hire a lawyer and file a professional defense. Differently, even if there is a lack of jurisdiction, the Italian creditor will win the case and he will have a sentence or an order of payment final and binding.
6) In case my collection is positive, am I entitled to collect also the legal fees from the debtor? Yes, on general basis every amount we charge to the Client may be refundable from the debtor (of course the Judge may entitle an higher or lower refund but, on general basis, everything shall be recovered).
7) What do I do if I have an order of payment temporarily enforceable against a debtor located in Milan? We may send a first deed called precetto together with the order of payment and after 10 days we may start the enforcement (real estates, bank accounts, warehouse or credits).
8) I made a loan agreement between individuals, may I receive an order of payment even if I am not a corporate entity? Of course yes, the order of payment may work also between individuals, but the credit may be considered certain, liquid and payable.
9) What is the limitation period to recover a credit? The general rule is 10 years, but depending on the kind of credit there could be different terms (some courts consider correct the limitation period of 5 years to recover some kinds of commercial credit).
10) Do you provide the service on the basis of a "no cure no pay" policy? No, in Italy it is unlawful to work on the basis of the "no cure no pay" policy. A lawyer that would use that policy may be suspended between 2 and 6 months from the bar association.
For more infos contact us at [email protected]
