In Italy, a debtor should pay an invoice within 30 days which is
actually shorter than other EU countries (60 days). However
companies in Italy do not usually follow this rule with the public
sector taking up to a year to pay. As a result, collecting debts in
Italy are more difficult than for example the UK or USA.
To collect a debt in Italy it is recommended that a company (or
individual) instructs an Italian debt collection firm. Giambrone
have been collecting debts successfully for over 10 years and are
able to settle a debt both outside of court and through court
proceedings. Giambrone will always try to collect debts with
minimal input by the courts.
What steps will Giambrone's Italian debt collection Lawyers
take to recover a debt?
The first step Giambrone's Italian debt collection lawyers
take to collect an Italian debt is to (informally) demand repayment
of the debt, which usually involves a telephone call from the law
firm. If informal means do not result in the debt being paid then
an out-of-court notice in the form of a formal injunction
letter (lettera di messa in mora) on Giambrone headed
paper will be served to the debtor by registered post. This letter
sent by Giambrone, formally requests payment, including principal,
accrued interest and late interest, calculated in line with the
Legislative Decree 231/2002, plus legal fees. The
debtor will then have between 1 to 2 weeks to make payment.
What if the Debtor doesn't pay?
If the debtor doesn't pay then a deed of injunction
(atto di significazione) is served by a court
bailiff (ufficiale giudiziario), warning that if payment
is not made within 10 days of the notification date, then formal
court proceedings will commence. However it is worth noting that
this is still an out-of-court notice although it is issued by a
court bailiff. If payment is still not made after the time period
has expired then Giambrone's Italian debt collection
lawyers will request their client to supply all relevant
documents relating to the outstanding debt, including the delivery
receipts and/or a certified excerpt of the creditor's
VAT register (registro IVA vendite). After this,
Giambrone's Italian debt collection lawyers
will file a petition with the judicial authority (i.e., the
Tribunale / Giudice di Pace), requesting an
injunction decree (decreto ingiuntivo).
Giambrone Will Commence Formal Court Proceedings
The Italian court will then issue a decree ordering the debtor
to pay the debt, including all interest and legal fees owed, within
40 days from the date the decree is served. The special proceeding
is regulated by articles 633 - 656 of the Italian Code of Civil
Procedure. Within this 40 day period the debtor is also allowed to
file opposition to this decree.
How to start enforcement proceeding in Italy?
Actual enforcement proceeding begin by the serving of a
deed of enforcement (atto di precetto), and are
regulated by article 480 following the Italian
Code of Civil Procedure.
If the debt is not paid or no defence filed then to start
Actual Enforcement proceedings in Italy, an
injunction decree, formally requesting the enforceable
(formula esecutiva)decree, is filed with
the Court. A separate decree, recorded on the original injunction
decree, will then declare the latter formally enforceable by the
judicial authority. Fees and expenses up to the date when the deed
of enforcement is notified to the debtor are then also calculated
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