Judicial
Debt
Collection
Debt collection in Italy requires a title which enables the creditor to initiate execution of proceedings. Such titles may be a sentence, a cheque, an unpaid invoice or a bill of
exchange.
Our
offices will provide all legal assistance required to
either obtain a payment injunction (decreto ingiuntivo)
or appeal the trial (read Italian law on bad debts).
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Italian Law on
Bad Debts
In
order to collect his credit, the creditor may obtain a payment
injuction from the court (decreto ingiuntivo), prior written
evidences of the existence of the debt, usually the invoice for the
services/products sold.The debtor may oppose to the payment
injunction during the next 40 days.
Where no such opposition has been made, the creditor may commence proceedings for the execution of the injunction.
If the debtor decide to appeal a 'regular trial' takes place. The main issues discussed in such a trial
covers the legitimacy of the order (mainly formal aspects), the existence of the debt and whether it is collectable.
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