Debt Collection in Italy
Nationwide, judicial and extrajudicial recovery of unpaid debt
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Judicial and extrajudicial debt collection services are offered nationwide.
Once we receive official assignment of the case, along with the necessary documentation, proceedings begin within 48 hours.
The out of court stage is usually completed within 45 days.
Once that stage is completed, the client will receive a detailed final report including all of the actions taken.
Conclusion of the extrajudicial stage and beginning of the judicial stage
In the case that the extrajudicial stage results in a negative outcome or there is only a partial collection of the debt owed, we will evaluate, together with the client, whether or not to proceed with judicial recovery of the unpaid debt. We will first assess whether the said debt justifies the cost of judicial proceedings, after which there will be a preliminary assessment of the creditworthiness of the debtor.
The judicial stage usually begins with the filing of an injunction order. Once the injunction order has been filed, and said injunction is not opposed by the debtor, under the terms established by law, the foreclosure procedure will be initiated against the defaulting debtor.
Frequent Asked Question
What activities are carried out during the extrajudicial stage?
The debtor is put into default, by way of registered letter or certified e-mail.
What is default?
The formal notice that the debtor is given, asking them to resolve the debt within a certain limit of time, after which legal action will be requested.
What happens if the debtor does not resolve the debt?
The judicial stage can be initiated to recover the debt owed.
How is the judicial stage carried out?
The debtor is served a court summons to obtain judgement. If the debt for which they are summoned is confirmed, fixed and payable, the judicial stage can be initiated with an injunction order.
What is an injunction order?
It is a request issued by the judge, ordering payment by the debtor. If the debtor does not oppose the request within the time established by law, the injunction order becomes enforceable, and therefore the executive stage for the forced collection of the debt can be initiated.
What happens if the debtor opposes the injunction order?
Ordinary civil proceedings will be initiated.
What happens when the creditor obtains an enforcement order?
An enforcement order is the act confirming that enforcement can begin and it is always preceded by an injunction. An injunction is a formal request to resolve the debt within a given time, after which the enforcement procedure will begin.
What happens after the injunction is served?
The enforcement stage begins, by way of a foreclosure notice.
How many types of foreclosure are there?
Personal seizure: movable assets belonging to the debtor are repossessed, after which the assets are sold and the money collected is used to pay the creditor.
Garnishment: an order directing a third party to seize assets to settle an unpaid debt. For example, a bank where the debtor has deposited a sum of money.
Real estate foreclosure: Property owned by the debtor is repossessed and can be sold to satisfy the debt.