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Do I need an Italian debt collection lawyer
In order to maintain a steady cash flow and overall business upkeep, outstanding invoices must be dealt with efficiently. Debt collection is a challenging process at the best of times, particularly when there is an international element to factor in. If you are owed cross-border debts that originate in Italy, it is crucial to understand when the services of an Italian debt collection lawyer (Avvocato) should be utilised.
This guide will explore the advantages of instructing debt collection lawyers (Avvocati) when recovering cross-border Italian debts.
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Discover the different circumstances in which Italian debt collection lawyers are beneficial.
Understanding the benefits of Italian debt collection lawyers, and why you may need one.
Find out what documentation you will require when instructing debt collection lawyers in Italy.
Discover the considerations foreign nationals should make when collecting debts in Italy.
Read the most common queries on Italian debt collection lawyers.
When should you instruct a debt collection lawyer in Italy?
Dealing with debtors, particularly in foreign jurisdictions such as the jurisdiction in Italy, can present various challenges. Like other international cross-border disputes, navigating multiple jurisdictions and differing debt collection laws can be challenging. UK businesses, since the country has left the European Union, now experience different procedures when recovering outstanding invoices in Italy.
If your initial attempts to recover a debt from an Italian customer are unsuccessful, you should consider instructing a debt collection lawyer qualified in Italy. The Italian debt collection lawyers will initially make informal calls and send emails regarding the outstanding debt. This will be followed by a formal letter that states the amount owed and when it is due. Without acknowledgement of the Italian debt, initiating legal proceedings may become necessary. Experienced debt collection lawyers (Avvocati) can provide you with legal advice throughout the process, ensuring you know how best to recover the debt.
In some circumstances, a creditor may find that they do not know the debtor's contact details, including their address, which restricts the ability to send a Letter Before Action (LBA).
Giambrone & Partners' debt collection team provides various services, including instructing a tracing agent to track the debtor's address if it is not known.
Find out more about the debt collection services that our international lawyers provide here.
What are the benefits of Italian debt collection lawyers?
Whether you're a business owner seeking to recover outstanding debts or an individual facing debt collection proceedings to recover a debt, enlisting the services of an Italian debt collection lawyer can prove invaluable. There are many advantages to enlisting help from Italian debt collection lawyers, including the following:
Understanding Italian laws and how they differ from other countries
Collecting debts from overseas can be especially problematic if you do not know debt collection laws in that country, as they differ from country to country. Italy has its own judicial framework and customs regarding debt recovery. This includes a limitation period of ten years to recover the debt, in accordance with Article 2946 of the Civil Code, and Inguntivo decree, which outlines the execution of the debt after a judgment is made.
Italian lawyers (Avvocati) specialising in debt collection are well-versed in these laws and can navigate them effectively on your behalf.
Provide expert information and clarity throughout the debt collection process
Debt collection processes can be complex and confusing and language barriers can make it even more difficult. Giambrone & Partners’ Italian debt collection lawyers provide expert information and clarity throughout the process, ensuring that you understand your rights, obligations, and the steps involved in debt recovery. They can explain the legal terms, procedures, and potential outcomes clearly and concisely, helping you make informed decisions.
Provide reliable advice on the best outcome
When facing debt collection proceedings, having reliable legal advice is crucial. Italian debt collection lawyers offer professional guidance based on their wealth of expertise and experience handling similar cases.
This includes assessing the viability of your claims, negotiating settlements, and as legal representation through Italian courts.
Can speak both English and Italian to ensure strong communication
Communication is key in any legal matter, especially when dealing with an international matter. Giambrone & Partners’ Italian debt collection lawyers are multi-lingual and have proficiency in both English and Italian, facilitating seamless communication with clients, creditors, and relevant authorities.
Their bilingual skills ensure that crucial information does not get lost, enabling effective representation and negotiation on your behalf.
What documents and information are required by an Italian debt collection lawyer to initiate proceedings?
When engaging an Italian debt collection lawyer, you must provide certain documents and information to facilitate the process.
Communication records
Ensure you provide all communication between yourself and the debtor regarding the outstanding payment. This should include all relevant information about the debt, such as contracts, invoices, and agreements with the debtor.
Keep a record of correspondence, such as informal reminders of the debt, which can be used to support your claim when your debt collection lawyer takes legal action.
Evidence of the debt
You must provide evidence supporting your claim that services or goods were provided to the debtor. This can be done with records of payments, communications, and any other relevant documentation proving the existence and amount of the debt.
Debtor information
Provide information about the debtor, including their name, address, contact details, and any available financial information. This will enable communication and to conduct thorough due diligence on your debtor, and your debt collection lawyer can instruct tracing agents to acquire the relevant information if this information is not known.
For more information, read our expert guide on cross-border debt collection in Italy here.
What to consider when choosing an international debt collection lawyer
When selecting an Italian debt collection lawyer, consider the following factors:
If they have a successful track record of recovering cross-border debts
If they provide ADR before legal action
If they are multi-lingual and multi-jurisdictional
Hiring an Italian debt collection lawyer can speed up and simplify the process of recovering outstanding debts in Italy. From their understanding of local laws to their expert guidance and bilingual skills, these legal professionals offer invaluable support and representation throughout the debt collection process. Consequently, it is vital to choose a reliable and experienced legal representative.
Giambrone & Partners is an international law firm that specialises in various fields, and has a successful track record of recovering overseas debts, including from Italy. Our debt collection lawyers are multilingual and operate in multiple jurisdictions.
Contact Giambrone & Partners today for more information on our debt collection services, or to request a call back with one of our experts, contact Giambrone & Partners today.
Frequently asked questions
How does the debt collection procedure operate in Italy?
Creditors must send a Letter Before Action, drafted in accordance with Italian legal standards, with the assistance of an Italian debt collection lawyer (Avvocato). This letter should outline the debt owed, when it is due, and the intention of taking legal action if it is not paid.
When legal action becomes necessary, your debt recovery lawyer will begin an issue of proceedings through the Italian court. This process includes filing a claim, the hearing, giving evidence, and ultimately, a court decision that can be enforced.
Find out more about the Italian debt collection process for foreign nationals with our expert guide here.