Bounced cheques and no payments

calling

Debtor

Italy

Industry

Fashion & Retail

Amount recovered

€10.000,-

Listen to this case
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Situation

No matter where a client is located, there will always be a counterparty who believes they can get away with non-payment. Even if you mention you’ll take legal action, sometimes the debtor never takes this seriously, until our lawyers come knocking.

Our Italian client is a medium-sized manufacturer of high-quality leather products. Once having done business with another Italian company, the customer placed several orders and guaranteed payment through several cheques. After the first payment term expired, our client tried to contact the debtor, with no luck. Weeks turned into months, and our client never heard back from the debtor.

Problem

After many attempts to persuade the debtor to pay, our client was unable to recover the payment. The client even hired a debt collection agency, but even they were unsuccessful too. At this point, our client had lost all hope of recovering the payment. As a last resort, they decided it was time to take serious legal action. After having spent a lot of time and money on an external debt collection agency, our client was not looking for a lengthy and uncertain litigation process. They wanted immediate action.

Our approach

After our client hired our Italian lawyers, we immediately were able to identify the underlying legal issues and provide sound advice to our client. In their case, direct enforcement was possible without having to go through the regular litigation path. Time was of the essence due to the imminent expiration of the cheques. Luckily, we were able to quickly identify the debtor’s assets and commence enforcement right on time.

The debtor finally made a real proposal to repay a substantial part of the debt which was guaranteed through promissory notes. Knowing that we would interfere if the debtor did not pay, the instalments were paid on time.

Enrica Bigazzi | Bierens Incasso Advocaten

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