Debt Collection in Italy: We Can Help!

3D Legal is an Italian law firm with over a decade of experience in collecting debts and enforcing claims of all types. We represent creditors ranging from financial institutions to small businesses and individuals.

We regularly act on behalf of clients from Austria, Belgium, France, Germany, Lithuania, Russia, Turkey, the UK, the US and other countries. 

We employ the most efficient collection tools and methods, and specialise on both small claims and large, difficult-to-collect debts, always giving substantial individual attention to each position. Our superior experience as litigators is rooted in literally hundreds of judicial proceedings before Italian local courts (Giudici di Pace), tribunals, appellate courts and Supreme Court (Corte di Cassazione).

 

 

Preliminary screening

Before starting any action, we take the time to learn about the debtor. Learning that your debtor has gone out of business may be bad news, but at least you will not incur any further losses on your unpaid invoice. 

We conduct a preliminary screening and then discuss the results with you. You will not be charged until and unless we decide to start collecting your debt.

 

 

Undisputed, Disputed and Adjudicated Claims

Each claim has its own peculiarities. Enforcement strategies may vary depending on the nature of the claim, their status as well as the potential challenges the debtor may create. 

Certain debtors decide to pay when they receive our letter of claim, because they fear the additional costs associated with the collection. Before doing so, they are likely to ask for an amicable settlement whereby the amount shall be discounted by a certain percentage or payment diluted in a number of monthly instalments. We take care of the negotiations and make sure that any potential solution is in line with your legitimate expectation to get the money owed by the debtor within a reasonable timeframe. 

Other times, debtors expressly reject the claim because they feel they either have good reasons or the creditor will eventually stop short of enforcing the claim in court, dissuaded by the associated uncertainty and costs.

A similar scenario presents itself when the debtor just fails to react, so that court proceedings become the only option.

If your claim is disputed, we will work hard to win the court case and have it adjudicated.       

If you already have a judgment from a foreign court, but the debtor lives or owns assets in Italy, we will guide you through the process of domestication: claims adjudicated by a foreign court must comply with certain requirements laid down by European regulations and international conventions, and may sometimes need be expressly recognized, before proper enforcement may start. With our support, you will be able to enforce your judicial decision, irrespective of whether it was rendered within or outside the European Union.

 

Collection Plan

We strategize to prepare a detailed “collection plan” which maps out each step to be taken and the date by which each step will be complete. Then we move quickly and decisively. When challenges arise, we have the knowledge and experience to creatively respond to such challenges and will leave no stones unturned in our quest to cater to your requirements.

We are skilled in the enforcement of claims from third parties such as banks or tenants, forced sales of properties and other available collection methods. 

In order to validly enforce your claim in an Italian court, you will need to proceed according to the requirements of the Italian Code of Civil Procedure. We will guide you through the formalities and defend your interests in case the debtor attempts to stay enforcement of the judicial order issued against him.

 

 

Example: Steps to Judicially Enforce an Unpaid Commercial Invoice in Italy

 

 

Our Fees & IT Platform

When it comes to collecting debt, we strive to offer clients cost predictability, which we achieve by charging fixed fees for each foreseeable phase and providing upfront quotes. Any usual disbursements and out-of-pocket expenses arising in connection with our legal assistance are included in our upfront quotes.

We will make available to you on a complimentary basis a dedicated Client Extranet to allow real time access to matter related information, including deadlines and documents. Customized shared spreadsheets are also available for more complex or serial cases.

 


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