Italy is known for their food and nature, but what we don’t know is that Italians are usually very bad payers. Do you have a claim against an Italian debtor? You are at the right address at Invorderingsbedrijf B.V. Release your claim from us and get rid of all your worries. You are probably reading this because you want to know how debit Italy works right? Read what you can do yourself and what you deffinitely should not do. Por favore!
Doing business in Italy involves many obstacles, such as language. And last but not least, the sometimes incomprehensible business mentality. We understand that and speak the language of your debtor. With the help of highly educated and local debt collection specialists who perfectly control Italian law, we bring in what you are entitled to. This way we can collect quickly and efficiently. And that’s what helped you: the sooner your claim is received, the better.
As is the case in the Netherlands, trade parties in Italy can choose from multiple legal forms to drive a business. The most common legal forms are:
The legal form of your debtor affects the liability and thus the recoverability of your claim. The debt collection strategy for debt collection in Italy is adjusted by us pico bello to the legal form of your debtor. Perhaps your debtor does not act at all in the form of profession and / or company but as a private individual. Even then our Italy collection offers very secure possibilities.
We start extrajudicially with every debt collection in Italy. We explain why.
If we have implemented your claim in our up-to-date system, we will start taking action immediately. Debt collection Italy starts with an extrajudicial phase. In this phase, a notice of default will preferably be sent first. With this notice of default, your debtor will receive a final term for payment. Meanwhile, we have already created the file with your documents and your explanation. Nine times out of ten your debtor will pay immediately (in 2017, the success rate for Italy collection was over 90%). In this way, debt collection Italy is already paying off at this stage.
During the extrajudicial phase you also have access to the Online Cockpit in which you follow the progress of your case. With the Italian direct debit you can contact us about the course. This is how you are going to keep control. Our Italian debt collection professionals summon your debtor in writing and by telephone. Sometimes your debtor proposes a payment arrangement or a settlement. We will then discuss with you. Making a payment arrangement is sometimes the best option.
What will happen when your debtor won’t respond at all? Or what if your debtor is not offering enough? In that case, Italy’s debt collection will have plenty of effective remedies, which we will explain below.
Debt collection Italy has several legal proceedings. We initiate such a procedure if their is no result it is unexpectedly achieved in the extra-judicial phase. We will explain the most common routes here that you can take. Which procedure suits your case, we look forward to working with you. Debt collection Italy always strives for the best solution.
A. The Italian payment order ( Ingiunzione di pagamento or Decreto ingiuntivo ): This i local Italian procedure is used a lot, in this process your debtor will not be involved. One of the local Italy lawyers collection requests the competent court to order the debtor to pay. The court does this and the debtor can lodge an appeal against this for 40 days. No profession? Then the claim is indisputably fixed. We can then continue the process with seizure. In Italy, however, few debtors actually make a defense. That makes Italy’s debt successful as well. Will there be a defense? Then the case will continue under a legal procedure under the supervision of the Italy lawyer.
B. Soil procedure (Processo ordinario di cognizione): For all claims on which a dispute exists (a disputed claim), the Italy specialist collection will initiate a so-called ‘bottom procedure’. It is important that the claim that you have substantiated can be proved. We help you with that, so that you are not alone. We are aware that when dealing with Italians, many matters are agreed orally and with good faith. No problem, because one or more sessions can be organized in a bottom procedure. The claim is ‘out of the picture’. Remember that arranging during such a process is possible. It is not uncommon for us to achieve a meritful settlement for you during the Italy collection process.
Incidentally, if you are based in another EU Member State, you can also benefit from yet another quick procedure. The European Payment Order Procedure.
C. European Payment Order Procedure: This procedure is often the most ideal judicial collection procedure in Italy. The procedure is short, cheap and simple. We will then submit a request to you at the local court. We ask the judge to order your debtor to pay. The court then summons your debtor to pay, with the debtor having 30 days to oppose (objecting). No problem? Then the Italy lawyer can request the court to issue a so-called enforceability declaration. This means that immediate attachment can be made. Your debtor can not do anything about it. This also makes debt collection Italy a successful product.
If your debtor disputes the claim (if he does not agree), then we must start a bottom procedure ( Processo ordinario di cognizione ). The Italy specialist debt collection can advise you on this so that you know where you stand. The recovery company will coordinate with you, monitor progress and remain the point of contact for your Italy collection.
In that case, prejudgment attachment can sometimes offer a solution for debt collection
The word ‘conservatoire’ is derived from the verb ‘to conserve’ that means to keep. If there is a prejudgment attachment, the goods on which the attachment is placed are stored, as it were, until the judge has decided. This means a solution if no judgment ( sentenza) has yet been reached and you are afraid that your debtor will take off with your money or goods (which is often the case in Italy). In other words, timely trading is certainly advisable when collecting Italy. We will gladly inform you about the possibilities in your specific case.
A so-called arbitration clause has been included in some contracts. This means that you can not just go to court, but have to go to an arbitration board if you have a dispute about, for example, an unpaid bill. In principle, Italian courts will not intervene in a dispute where there is a valid arbitration clause. Whether that should be done and how that works our debt collection specialists in Italy can tell you.
In the Netherlands, applying for a bankruptcy is a handy way to put your debtor under pressure and have it paid. Unfortunately, this is not the case in Italy. The rules for applying for bankruptcy in Italy are strict. A creditor can request the bankruptcy of his debtor in Italy if the claim is higher than EUR 30,000. A judgment or order must also have been obtained. In addition, insolvency proceedings in Italy can take a long time. In view of the above, we often advise our clients for debt collection in Italy of other procedures. Our debt collection specialists Italy can tell you more about this.
Debt collection Italy: The Second opinion
A debt collection Italy involves difficult issues. Only a few parties in the market really understand things. It is not uncommon for us, therefore, to get debt collection in Italy for an assessment of the feasibility. Would you also like a second opinion? Then that is possible.
Limitation periods are sneaky in Italy. Incidentally, old claims can also be debited in Italy, because the debtor himself must invoke prescription. Experience shows that many debtors do not do this.
In principle, the general limitation period for collection Italy is ten years. Incasso Italy also has specific limitation periods. Below are some examples of specific limitation periods.
Please contact one of our collection specialists for debt collection Italy.
Interruption of the limitation period (l’interruzione della prescrizione)
It is also possible to ‘stop’ the prescription. This means that the term of prescription starts again. The prescription is interrupted under Italian law by, among other things, starting a legal procedure. Which of the aforementioned interruption options can best be used for direct debit in Italy depends on your claim and the number of days it is open.
In general, the earlier you take action, the greater the chance of redress.
Invorderingsbedrijf is active throughout Italy. We have a broad and proven network and in house know how . Debt collection cases are handled by us in all twenty regions ( regioni) in Italy.
No dossier is perfect. Together with you, we examine which documents and / or evidence are available. We would like to receive the following documents from you. It is not a problem if you do not have all the pieces. Send us what you do have. Our debt collection specialists Italy are happy to help you with this.
We can help you with all civil claims on debtors in Italy. For example, think of:
If in doubt, please contact us. Together with our debt collection specialists, we can take a look at your claim.
Debt collection Italy? Free first call.
Have you become curious about the possibilities? Then ask for a free first meeting with a specialist in the field of Italian law. With our local direct debit Italy network, there is no need to remain unanswered.
