Judicial Debt Recovery

If the debtor fails to respond to the letter of formal notice, judicial action is then required.

Judicial recovery consists in instituting proceedings before the Courts. Once the extrajudicial recovery attempt has been concluded (by means of a letter of formal notice), should the debtor fail to pay, judicial actions must be brought. Court action is the only valid means of recovering the debt by force. In the face of the debtor’s clear resistance, telephonic or written reminders are of little use. The only possible means of protection is precisely to take legal action through a lawyer. 

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Admittedly, recovery actions are often intertwined with the debtor’s actual financial capacity. For this very reason, however, it is essential to act fast, before any guarantee vanishes into thin air and before the debtor can start to conceal his or her assets.

What documentation is required for judicial recovery?

Submitting the “proper” documentation to court can considerably facilitate debt recovery.

The following documents make our intervention more efficient and effective:

  • a copy of the documentation proving the reasons for the claim (order, transport documents, contracts, etc.).
  • a copy of the invoices which the claim relates to;
  • copy of reminders already issued and any correspondence with the debtor.

The introduction of the electronic invoice eliminates the need to provide an authenticated extract from accounting records. Following the introduction of the e-invoice, it is no longer necessary to attach the authenticated extract of the accounting records. For instance, once the documentation has been completely collected, it is possible to quickly obtain an injunction.

What is an injunction?

An injunction is a court order by which the judge forces the debtor to pay a sum of money. It is issued without an adversarial process (i.e. without hearing the opposing party). Since it is a judicial order, it is governed by Art. 633 et seq. of the Italian Code of Civil Procedure.

To sum up:

  • The proceedings for obtaining an injunction are simpler and faster than those for obtaining a judgement,
  • The judge charges the debtor with the procedural costs,
  • Thanks to the injunction, the seizure of the debtor’s assets can be enforced.

We will then appeal for a judicial injunction, in accordance with the documentation provided. The application is filed for a payment order against the defaulting debtor. The appointed judge will read our petition and, upon examination of the documentation produced, will issue the payment order.

We will then notify the judgement to the debtor, who will be given 40 days to oppose the court order (or to pay it). Should the 40 days elapse without any reply from the debtor, the order will become enforceable. We can then proceed to the enforced debt recovery phase by issuing a writ of execution and seizing the debtor’s assets.

 

How much does an injunction cost?

As already mentioned, the Judge charges the costs of the appeal procedure to the debtor. The Law Firm confines itself to requesting from its Clients what is usually paid by the Judges, in accordance with the official charts of the Court and of the Justice of the Peace in Milan. Consequently, the costs incurred and advanced in order to initiate injunction proceedings can be recovered from the debtor along with the principal sum due.

Naturally, these amounts apply only in the event that the Court of Milan is deemed competent for the procedure. Should this not be the case, we will have to appoint an attorney with domicile at the relevant Court and an ad hoc quote will therefore be provided. Providing clear and detailed quotes is our firmest principle. The amount paid to us on initiation of the debt recovery procedure will also be the one and only economic claim until the injunction is issued.

What other legal actions can be undertaken for debt recovery?

In addition to the injunction procedure, further judicial measures can be implemented to recover the debt.

The Law Firm always strictly complies with the rates prescribed by the National Forensic Rate, thereby enabling us to charge the legal fees advanced by our Clients to the defaulting debtor.

  • When the credit is based on enforceable titles, the legal action can start directly from the enforcement phase (writ of enforcement and foreclosure);
  • In the absence of simple written evidence from the creditor, an ordinary civil claim must be brought by means of a writ of summons;
  • Should the debtor be a commercial entrepreneur unable to pay his debts, he may file for bankruptcy, provided that the legal requirements are met.

We can provide you with all the information you may need to establish the optimal strategy for recovering your debt.

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EXTRAJUDICIAL DEBT RECOVERY

The first step towards effective debt recovery is always a letter of formal notice

JUDICIAL DEBT RECOVERY

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