Debt Collection Italy

Does your company have to deal with a debt collection case in Italy because a Italian customer does not pay your invoice? Our Italy debt collection specialists and attorneys will be happy to help you. We ensure that your outstanding invoice is paid quickly.
Read here what we can do for you if you want to engage a debt collection agency in Italy.

Meet our Italian
debt collection specialist

International debt collection in Italy

Did you know that when dealing with debt collection in Italy, Italian law might be in favour of debtors than creditors? That’s why you can rely on our Italian Desk without wasting any time. From simple debt collection cases to complex legal cases, our native Italian specialists can recover your payment using the most effective strategies. From sending a lettera di messa in mora in the extrajudicial phase to initiating legal proceedings with for example the Procedimento di cognizione ordinaria or Ingiunzione di pagamento, our specialists can assist you throughout the entire debt collection procedure in Italy.

What are the Benefits of collecting debts in Italy with Bierens?

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Italian speaking attorneys in the United States: Meet our debt collection experts

With our native in-house legal specialists, we can overcome any language or cultural barriers. Our Italian specialists contact your debtors in their native language and are familiar with the Italian business culture. Based on our experience, we’ve seen that this works. Because we adapt our strategy by sending letters drafted in Italian and customizing these according to your case, your debtor is more inclined to pay. Your debtor is made aware of all the consequences of non-payment and knows we are able to pursue your case even to court.

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Debt collection procedure in Italy

There are two phases that may be applicable for your debt collection process in Italy. During the extrajudicial phase, collection takes place without Court intervention. During the judicial phase, we do involve the Court in order to make your Italian debtor pay. Because we are a law firm, we can assist you during both stages. In Italy, most matters are resolved during the extrajudicial phase, without Court intervention.

Extrajudicial phase in Italy

In principle, we always start the debt collection process with the extrajudicial phase. During this phase, we try to avoid the need to go to Court, as this can be expensive. We will contact your Italian debtor to demand payment. At this stage, we have the following options:
Step 1

Written demand letters and phone calls

We send the debtor a written demand letter and contact them by telephone, requesting that they pay your claim within a few days, together with interest and costs.
 
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Set up a payment arrangement

Agreeing to a payment arrangement is often advisable. Once your customer has signed a payment arrangement, they have already acknowledged the debt. This can be useful at a later stage. However, when entering into a payment arrangement, it is important to engage the services of an Italian lawyer who speaks fluent Italian and is familiar with Italian negotiation tactics.
Step 2

Announcing legal proceedings

The most powerful way to put pressure on your Italian customer is by announcing that you are going to start legal proceedings. Most companies want to avoid legal proceedings, so usually, this announcement convinces them to pay immediately. That is why it is advisable to promptly engage the service of a debt collection attorney, who can announce such proceedings on your behalf. This way, you prevent an unnecessarily protracted debt recovery process.
What if the debtor refuses to pay during the amicable phase?
If your debtor refuses to pay during the pre-legal phase, we can, in consultation with you, start legal proceedings. For this, we do a credit check and analyze the financial situation of your debtor. This allows us to better assess how your debtor is doing financially and whether legal proceedings make sense. When the claim is disputed, we also must start legal proceedings in most cases.
Step 3

Judicial debt collection

If your debtor refuses to pay during the extrajudicial phase, after discussion with you, we can go to Court. We will always provide you with information in advance regarding the potential costs, and we only proceed with your permission. In Italy, there are a number of legal proceedings you could commence to collect your claim.

Contingency-based debt collection agency in the United States

During the extrajudicial phase, we work based on a contingency fee. That means our fee is directly proportional to the amount we recover. We also aim to recover the interest and collection costs from your debtor as much as possible in order to maximize your profits.

In the highly unlikely event that we do not collect anything, you will not have to pay us any fees. You can find a full overview of our fees on our fees page.

Debt collection laws in Italy

When we take legal action against your Italian debtor, there are several Italian laws and procedures that may apply. The collection procedure that can best be used differs per situation. Our attorneys always look for the best option for your collection case. Depending on the amount of the claim, your claim will either be dealt with in a lower claims court, the Giudice di Pace, or a high court, the Tribunale. Although some proceedings in Italy are now handled digitally, legal proceedings can sometimes still take a very long time. Our Italian attorneys can advise you on which procedure is most suitable for your case.

Order for payment (“Ingiunzione di pagamento”)

The Italian order for payment proceedings take place between the creditor and the Court, without the debtor’s involvement. These proceedings allow you, the creditor, to request that the Court delivers a judgment which is provisionally enforceable. The debtor has only 40 days to respond to the order. If the debtor opts to put forward a defence, then automatically, ordinary civil proceedings are commenced.

Ordinary civil proceedings (“Processo ordinario di cognizione”)

If your debtor has filed a defence against the order for payment, or your claim is disputed? Then ordinary civil proceedings can be commenced. To do so, the claim needs to be justified and substantiated. Several hearings will follow, as stipulated by the Court. It is possible that witnesses need to be provided in order to substantiate your claim. These proceedings can sometimes take longer than a year.

 

International debt collection has never been easier with Bierens Collection Attorneys. We overcome any language, cultural and legislative barriers because we approach your debtor in their native language with our in-house specialists.

The best part is that we solve 95% of our cases without court intervention on a contingency fee basis. If your debtor fails to pay during this phase, then our efforts don’t stop just there. Our attorneys have the experience of local and international debt collection laws, which allows us to litigate on your behalf if necessary.

With Bierens by your side, no debtor can hide from us. You will not have to write off your debts or waste your time and money on a never-ending case. Find out what we can do for you below or contact us today for immediate action.

International collection laws

In addition to Italian collection laws, there are also a few European measures that can be used if your Italian customer refuses to pay
It is important for the European Union that trade between European countries is stimulated. Therefore, complicated procedures are unwanted. That is why, in addition to the normal procedures, two alternative procedures can be used for foreign claims between two EU countries:
 
European 1

Litigation in your own country

Have you agreed in the general terms and conditions that the court in your country is competent? Then legal proceedings can be started in your country. Depending on your specific situation, our lawyers will look at what is most beneficial for your company.

If we are going to litigate in your country against your Italian debtor, we can start ordinary civil proceedings. Both parties will be heard, after which the court will make a judgment.

Enforcement of judgement in Italy

When a judgment has been obtained, it must still be executed in Italy. Within the EU, it has been laid down that all judgments passed in a member state are also recognized in other EU countries. A specific form must be requested for the enforcement of a foreign EU judgment in Italy. This form has to be sent to the bailiff in Italy, together with the foreign EU court's judgment. The bailiff then ensures that the judgment is executed in Italy.

Summary-proceedings

Limitation period in Italy

In most cases, payment claims in Italy have a limitation period of 10 years. This means that once the limitation period expires, you can no longer take legal action against your Italian debtor. However, different limitation periods also exist depending on the type of credit. For example, claims in the transport sector have a limitation period of 1 year while invoices from rental agreements expire after 5 years.

Start your debt collection in Italy today!

Start your debt collection case in Italy today! While our Italian Desk get started on your case, you can resume your regular business operations. Upload your case for immediate action or contact our experts today.

If you prefer to speak directly with a debt collection specialist, feel free to contact us by phone at +1 929-202-4352.

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Find out how we have helped other clients with international collections including debt collection in Italy

From simple debt collection cases to complex legal matters, from small businesses to multinationals across different industries, our specialists have assisted over 24.000 companies worldwide, including Italy. Find out how our international specialists and lawyers have helped other companies in a similar situation and find the solution for debt collection in Italy.

Frequently asked questions about debt recovery in Italy

How does debt collection work in Italy?

Debt collection in Italy always starts in the extrajudicial phase where we send your debtor customized demand letters and contact them by phone. If your debtor disputes the claim or fails to respond, then we can proceed by taking legal action in consultation with you.

How will you recover my debt in Italy?

We will always contact your debtor by sending an initial demand letter, which we also follow up with a phone call. That way we avoid any form of miscommunication. Our approach is always firm and respectful, and you will always be informed of the status of your case.

What are the costs for debt collection in Italy?

We handle all out-of-court cases on a contingency fee basis, also for debt collection in Italy. We aim to recover the principal amount including interest and costs from your debtor. If we do not collect, then you pay no fee. If you decide to take legal action against your debtor, then we move to an hourly or fixed fee. We do not have any hidden costs and will always consult you before proceeding with any kind of legal action.

How long does an average debt collection procedure in Italy?

This depends on each situation and debtor. We always start in the amicable debt collection phase. This process takes a relatively short time because we provide your debtor with limited time to complete the payment. When starting your case, your case worker will provide an estimate of the duration of your case. Should your debtor fail to respond, then our specialists and attorneys can provide you with an expected outcome or course of action within 4 weeks. If legal proceedings are necessary, the debt collection process takes longer. The duration depends on the legal proceedings and on whether the debtor raises a defence.

What chances do I have for successful debt recovery in Italy?

The chance for a successful recovery depends on the nature of your debt collection case. We solve 95% of all cases on a contingency basis. Our specialists and attorneys always do their utmost to ensure to collect your claim as fast and efficiently as possible. We always make sure to give you honest and practical advice that will deliver you the best results.

When is a debt collection case taken to court?

Our preference is to collect your claim without court intervention. Therefore, we always start a collection in the amicable phase. If this has no effect, then we will discuss your judicial options with you. We will never intiate court proceedings without your explicit consent.

How much does it cost to go to court?

The court fees depend on the value of the claim and the country in which litigation takes place. In some cases, the amount is fixed, but it may also depend on litigation procedure.

How long do legal proceedings take in Italy?

The duration of legal proceedings in Italy depends on the complexity of your case and ON whether your debtor raises a defence.

How long before a debt is written off in Italy?

Payment claims in Italy have a limitation period that differs compared to other countries. There are, however, several ways to interrupt this limitation period. For more information, it is best to contact our specialists.