DEBT COLLECTION IN ITALY

The institution of the payment injunction is governed by Articles 633-656 c.p.c. (Italian procedure civil code). You can use this procedure to collect your credits in Italy, when your credit is: certain, liquid and collectable. The claim for an injunction must be filed before competent Court where the debtor has its registered office / residence.

PAYMENT INJUNCTION (DECRETO INGIUNTIVO)

The institution of the payment injunction is governed by Articles 633-656 c.p.c. (Italian procedure civil code). You can use this procedure to collect your credits in Italy, when your credit is: certain, liquid and collectable. The claim for an injunction must be filed before competent Court where the debtor has its registered office / residence.

Within 30 days from the filing of the claim, the judge, in case of acceptance of the application, issues the injunction, ordering the debtor to pay the sum within 40 days of its notification.

The requirements for obtaining the issuance of the payment order (Decreto Ingiuntivo) are as follows:

  • if written proof is given of the asserted right (eg, accounting records, orders, order confirmations, delivery documents, invoices, contracts)
  • if the credit relates to fees for judicial or extrajudicial services, invoices, contracts or reimbursement or by anyone else who has provided his work in a trial or an exchange of services, services, sales.

Once the Payment order has been notified to the debtor, he has 40 days to execute the injunction and make the payment, or if the conditions are met, he can file an opposition to the same Judge who will assess its validity.

Otherwise, the decree will become enforceable and the executive phase may be initiated with the sending of the precept and attachment deed.

RECOVERY OF CREDITS – DEBT COLLECTION IN ITALY THROUGH THE SEIZURE (EXECUTIVE PHASE)

After the injunction has become enforceable (40 days from notification), the enforcement phase can begin by sending the injunction to the debtor. With this deed, the debtor is given a further 10 days to pay the amount due plus all ancillary costs (interest, fees, expenses), with the warning that in the event of non-fulfillment, the compulsory enforcement of movable assets will be carried out. or property owned by the debtor.

The attachment can be activated on both movable and immovable property, and also on assets in custody or in possession of third parties (attachment from third parties). With this deed, the assets in question will be frozen and made available to the Judge who will order, after a specific hearing, the assignment to the creditor.

ORDINARY PROCEDURE

If the credit is disputed, an action through Injunction proceedings is not recommended. Therefore, it is necessary to activate an ordinary judgment procedure through the notification of a summon to the debtor.

The competent Judge will arrange a hearing for the constitution of the parties, which will have to highlight their reasons of fact and law.

This procedure will end with a verdict that will be provisionally enforceable between the parties. According to Article 282 of the Italian Civil Code, the appeal does not involve the automatic suspension of the enforceability of the contested provision.

The appeal of the verdict can be filed before the competent Court of Appeal within 30 days of its notification or, failing that, within 6 months of its publication.

In the second instance, if the appeal is not declared inadmissible, the knowledge of the Court of Appeal will review the matter in fact and in law. Once the Appeal procedure is over, the parties, pursuant to art. 345 c.p.c., they cannot propose new questions, nor new exceptions in the strict sense.

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