Are you looking for a debt collection agency for Italian debtors?
Do you have a claim on an Italian debtor? With the debt collection agency you have come to the right place. Hand over your claim to us and we will relieve you of all the worries. We know how debt collection Italy works. Read here what you can do yourself and what, above all, you must not do. Per favore!
Local debt collection specialists (specialista) for debt collection Italy
Doing business in Italy brings with it many obstacles, such as the language. Not to mention the sometimes incomprehensible business mentality. We understand that and speak the language of your debtor. With the help of highly trained and local debt collection specialists who have a perfect command of Italian law, we obtain what you are entitled to. In this way we can collect quickly and efficiently. And you benefit: the sooner your claim is collected, the better.
Legal form of your debtor (status giurdico)
Trading parties in Italy can choose from several legal forms to conduct a business. The most common legal forms are:
- Ditta individuale (sole proprietorship)
- Società in nome collettivo (S.N.C)
- Società a responsabilità limitata (S.r.l)
- Società per azioni (S.p.a)
The legal form of your debtor affects the liability and therefore the recoverability of your claim. Our collection strategy for debt collection in Italy is perfectly attuned to the legal form of your debtor. Perhaps your debtor is not acting in the form of a profession and/or company at all, but as a private individual. In this case, too, our debt collection Italy service certainly offers possibilities.
We start out of court in every debt collection Italy case. We will explain why.
Extrajudicial phase (procedura extragiudiziale)
Once we have entered your claim into our up-to-date system, we start immediately. Debt collection Italy begins with an extrajudicial phase. In this phase, preferably a notice of default will be sent first. Via this formal notice, your debtor is given a final deadline to make payment. In the meantime, we have already formed the file with your case documents and your explanation. Nine times out of ten, your debtor will pay immediately (in 2017, the success rate of debt collection Italy was over 90%). Thus, debt collection Italy already bears fruit at this stage.
During the out-of-court phase, you also have access to the Online Cockpit in which you can closely follow the progress of your case. You are in contact with the debt collection Italy specialist about the progress. In this way you remain in control.
Our debt collection Italy professionals summon your debtor in writing and by telephone. Sometimes your debtor proposes a payment plan or a settlement. We then consult with you. Sometimes agreeing on a payment plan is the best option.
Does your debtor not respond at all? Or does your debtor not offer enough? If so, Debtcollection Italy has many effective legal remedies, which we will explain below.
Judicial phase (fase giurisdizionale)
Debt collection Italy has several legal procedures. We initiate such proceedings if no result has been achieved in the extrajudicial phase. The most common routes are explained here. We will be happy to discuss with you which procedure is appropriate for your case. Debt collection Italy always strives for the best solution.
A. The Italian order for payment (Ingiunzione di pagamento of Decreto ingiuntivo)
Dit betreft een veel gebruikte lokale Italiaanse procedure, waarbij uw debiteur niet wordt betrokken. Eén van de lokale incasso Italië advocaten verzoekt de bevoegde rechtbank de debiteur te bevelen tot betaling. Dat doet de rechtbank dan en de debiteur kan hiertegen 40 dagen in beroep gaan. Geen beroep? Dan staat de vordering onbetwistbaar vast. We kunnen dan gelijk het traject vervolgen met beslaglegging. In Italië voeren overigens maar weinig debiteuren echt verweer. Dat maakt incasso Italië ook succesvol. Komt er wel verweer? Dan gaat de zaak onder begeleiding van de incasso Italië advocaat verder in een bodemprocedure.
B. Main proceedings (Processo ordinario di cognizione)
For all claims over which there is a dispute (a disputed claim), the debt collection Italy specialists initiate so-called proceedings on the merits. It is important that the claim you have can be substantiated with evidence. We will help you with this so that you are not alone. We are familiar with the fact that, when trading with Italians, many things are agreed verbally and in good faith.
No problem, because in proceedings on the merits one or more hearings can be organized. The claim will thus ‘come out’. Don’t forget that settlements are among the possibilities during such a process. It is not uncommon for us to be able to achieve a creditable settlement for you during the debt collection Italy process.
Incidentally, if you are established in another EU Member State, you can also benefit from yet another fast procedure, the European payment order procedure.
C. European Payment Order Procedure
This procedure is usually the most ideal judicial debt collection Italy procedure. The procedure is short, inexpensive and simple. We then file an application for you with the local court. We ask the court to order your debtor to pay. The court then summons your debtor to pay, whereupon the debtor has 30 days to object. No objection? Then the debt collection Italy lawyer can ask the court to issue a so-called declaration of enforceability. This allows for an immediate seizure. Your debtor cannot do anything against this. This also makes debt collection Italy a successful product.
If your debtor disputes the claim (if he disagrees with it), we must start proceedings on the merits (Processo ordinario di cognizione). The debt collection Italy specialist can advise you on this, so that you know where you stand. Together with you, the debt collection agency directs, monitors the progress and remains the point of contact for your debt collection Italy.
Some contracts have what is called an arbitration clause. This means that you cannot just go to court, but must go to an arbitration board if you have a dispute about an unpaid bill, for example. In principle, Italian courts will not intervene in a dispute where there is a valid arbitration clause. Our debt collection Italy specialists can tell you whether this is necessary and how it works.
Filing for bankruptcy is a convenient way to pressure your debtor into paying. Unfortunately, this is not the case in Italy. The rules for filing for bankruptcy in Italy are strict. A creditor can file for bankruptcy of his debtor in Italy if the claim is higher than EUR 30,000. Also, a judgment or order must first be obtained. In addition, bankruptcy proceedings in Italy can take a long time. Given the above, we often advise our clients about other procedures for debt collection in Italy. Our debt collection specialists in Italy can tell you more about this.
Debt collection Italy: second opinion
A debt collection Italy involves tricky business. Only a few parties in the market really have the know-how. That is why we are often asked to assess the feasibility of debt collection in Italy. Would you like a second opinion? Then that is one of the possibilities.
Did you know that...
- In Italy, the vast majority of businesses are family-owned? And that these have been owned by the same families for centuries?
- That the payment morale in Italy is one of the worst in Europe?
- It is advisable, if you send a reminder to an Italian debtor, to use a short payment term (e.g. 14 days)?
- Typical Italian legislation, cultural differences, language barriers and corruption can cause unnecessary delays if you do not immediately contact a debt collection Italy specialist?
- Limitation periods in Italy are very short?
- The time limit for an appeal is 30 days after service of the judgement?
Limitation periods (termini di prescrizione)
Statutes of limitations are sneaky in Italy. Incidentally, time-barred claims can also be collected in Italy, as the debtor must invoke the statute of limitations himself. Experience shows that many debtors do not do this.
In principle, the general limitation period for debt collection Italy is ten years. However, debt collection Italy also has specific limitation periods. Below are a few examples of specific limitation periods.
- Unlawful act: 5 years.
- Commercial claims: 5 years.
- Claims arising from insurance issues: 2 years.
- Claims arising from transport agreements: 1 year.
Are you unsure which limitation period applies to your claim? Please contact one of our debt collection specialists for debt collection Italy.
Interruption of the limitation period (l’interruzione della prescrizione)
It is also possible to “interrupt” the statute of limitations. This means that the period of limitation begins to run again. Under Italian law, the limitation period is interrupted by, among other things, starting legal proceedings. Which of the aforementioned interruption options you can best use in debt collection Italy depends on your claim and the number of days it has been outstanding.
In general, the earlier you take action, the greater the chance of recovery.
The Collection Company: active throughout whole Italy
The Collection Company is active throughout Italy. We have a broad and proven network and in-house know-how. We handle debt collection cases in all twenty regions (regioni) in Italy.
- Sicily (Sicilia)
- Sardinia (Sardegna)
- Valle d’Aosta
- Trentino-South Tyrol (Trentino-Alto Adige)
- Friuli-Venezia Giulia
- Piedmont (Piemonte)
- Lombardy (Lombardia)
- Liguria (Liguria)
- Tuscany (Toscana)
- Umbria (Umbria)
- Marche (Marche)
- Lazio (Lazio)
- Abruzzi (Abbruzzo)
- Campania (Campania)
- Apulia (Puglia)
- Basilicata (Basilicata)
- Calabria (Calabria)
What do you need for your Italy debt collection?
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.
- A copy of the agreements, for example an agreement, an e-mail message, fax message or simply a WhatsApp message or an SMS,
- Copy of your invoices,
- Copy of your reminders,
- A copy of your terms and conditions,
- Any proof of delivery.
Benefits of debt collection Italy
- National coverage throughout Italy,
- Customization in your file,
- Fast procedures focused on results,
- One point of contact in the Netherlands,
- 24/7 online access
- Expert information and clarity beforehand
- Proven track record.
Debt collection in Italy? Schedule your free consultation
Have you become curious about the possibilities? Then ask for a free initial consultation with a specialist in Italian law. With our local debt collection Italy network, no question needs to go unanswered.
Free advice on debt collection in Italy?
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What else can we help you with?
- European Payment Order (EEB)
- Having judgments enforced (seizure in Italy)
- Having various proceedings conducted under Italian law
- Advising on contracts and conditions
- Arranging for the order for the seizure of real estate
- Providing credit information on debtors established in Italy
- Other legal proceedings
Jurisdictions debt collection Italy
We can help you with all civil claims against debtors in Italy. For example:
- Construction law
- Rent and lease
- Purchase and sale
- Labor law
- Agency agreement
- Damages and wrongful acts
If you have any doubts, feel free to contact us. Together with our collection specialists, we can look at your claim.
Start directly with Debt collection Italy
Do you have something to claim in Italy? Or a dispute with an Italian debtor? If so, debt collection Italy can also help you. Please feel free to contact us at +31-(0)70-762 0330 or send us an e-mail. Joost Konings LLM, a debt collection specialist, can tell you more about the possibilities of debt collection in Italy and the collection of receivables (that are difficult to collect) from debtors based in Italy.
If you have any doubts, please feel free to contact us. Together with our debt collection specialists we can look at your claim.
Want to start with collecting in Italy?
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