Our firm can assist you in the extrajudicial/judicial phase for recovery your debt in Italy.
Extrajudicial phase:
For start the procedure to recover the debt we need to have same information about the debt, particularly:
a) the name of the debtor and the place where have the registred office;
b) more description about the debt (i.e. the kind of goods or service provided by the creditor)
c) if you have any documents signed by the debtors about fulfillment of creditor's duty.
Collected these information we can:
- check about the debtor's economic situation;
- write an initial letter (notice of payment) to the debtors, that indicates a termination by which the debtors must pay;
- start the possible negotiation.
Judicial phase: the Judicial order of payment
If the debtor didn't started the negotiation after the send of the notice of payment (initial letter) we can start the judicial phase.
If you have got a document that certify the delivery of goods (or services), we will be able to follow a simpler procedure, like a summary judgment, by which we can obtain a judicial order of payment.
This procedure consists of the following phases:
1) a notice of payment (initial letter) must be sent to the other party; the notice indicates a termination by which the debtor must pay (in this phase the debtor often accepts to pay or agrees to enter into negotiations);
2) an application for a judicial order of payment has to be submitted to the court;
3) a summary judgment has to be passed by the court;
4) a notification of the summary judgment must be sent to the debtor;
5) within 40 days from the notification, the debtor has to take the decision to pay his debt or to start a legal action in order to prove that he does not owe you the debt;
6) if the debtor would not pay and not start the legal action, we will be able to proceed with the attachment of his assets.
Cost of service.
In order to give you an exact information about the costs we need to know further details. Please don't esitate to contact us for further information.
