In Italy, where debt collection laws often favour debtors, Byrival’s deep understanding of the local landscape can be very helpful. Our team is proficient in Italian legal procedures, effectively handling everything from simpler debt recoveries to complex legal processes where necessary. This includes managing tasks like negotiating a payment plan, issuing a ‘lettera di messa in mora’ (a formal notice before legal action) in the amicable phase, and where necessary, engaging in complex legal procedures.
We operate on a 'No Cure = No Pay' basis, ensuring a risk-free service for you. If we don't successfully recover your debt, you owe us nothing. A commission fee is charged only on successful collections, and often this cost can be passed on to the debtor.
For each case we charge start-up fees between €75,- and €175,-. Why? Because we are not a large debt collection agency that accepts thousands of cases per month, without even being able to properly handle your case. But we are very clear: there will be no other unexpected costs or small print in our agreements.
Our strategy focuses on seeking amicable resolutions wherever possible. In Italy, assisted negotiation (ADR), as mandated by Law 162 of 2014 (Article 3) is mandatory before pursuing court action for claims not exceeding fifty thousand euros. If there's no response within 30 days or a refusal to negotiate, the Judge can consider this when determining court costs, and certain provisions of the Code of Civil Procedure may apply.
For cases requiring legal intervention, we have a network of local law firms specializing in debt collection Italy licenses. We're prepared to guide you through the judicial phase if necessary, including procedures like the Italian order for payment and the European Payment Order Procedure for international claims.
Our 'Travel to Collect' service is available in Italy, demonstrating our commitment to go above and beyond in recovering your debts. If the situation requires, we are prepared to personally visit debtors, enhancing the effectiveness of the debt recovery process.
We will assign a dedicated contact person for your debt collection case. This ensures that you receive personalized advice and regular updates, keeping you fully informed about the progress of your case in a professional and efficient manner.
Today could be the first step towards resolving your debt collection issues in Italy. We're here to listen, understand your situation, and answer any questions and guide you towards successful debt recovery.
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At the start of each case, our team thoroughly investigates the debtor’s financial background and present situation. This entails researching the debtor’s economic and financial situation, including assets like real estate, registered movable property (e.g., vehicles, boats), salary, bank accounts, business structures and legal entities. To gather this vital information, we access Italian local databases, including the “Camera di Commercio” (Chamber of Commerce) and the “Registro delle Imprese” (Business Register).
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Following the in-depth research process, we only pursue collections when there’s a realistic likelihood of success, ensuring the most efficient use of resources and upholding high service standards. If the report confirms the debtor’s insolvency, signifying either liquidation or a lack of reported assets, a conclusive report can be issued, deeming the debt uncollectible. This document can aid the creditor in pursuing tax relief per its home jurisdiction’s tax laws.
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Upon receiving a new case, we act promptly. Within 24 hours, your case worker in Italy will prepare and send a ‘lettera di messa in mora,’ a formal notice or demand letter, tailored to the specifics of your case. This letter, written in Italian, serves as an initial step in the formal debt recovery process.
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We focus on amicable debt resolution, successfully resolving most of the cases without lengthy legal proceedings. Our approach involves contacting debtors for potential settlements, including installment plans, minimizing legal expenses, and maintaining positive business relationships crucial for ongoing partnerships.
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In Italy, we settle around 95% of the settled cases amicably, but for the rest, we pursue legal action with your consent. Small claims go to the “Justice of the Peace” (Giudice di Pace), and larger ones to the “Court” (Tribunale). We use “ordinary civil proceedings” (Procedimento di cognizione ordinaria) for detailed cases, “summary proceedings” (Procedimento sommario di cognizione) for quicker resolutions, and “payment order” (Ingiunzione di pagamento) for rapid decisions. Our lawyers will guide you in choosing the best legal approach for your case.
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Once we recover your debts in Italy, we’ll send an invoice for our commission fee, which often may have already been paid by the debtor. If debt recovery is unsuccessful, you’ll face no fee from us.
At Byrival, our expertise as an international debt collection agency spans across various industries around the globe. Over the past 22+ years, we’ve built a wealth of knowledge in numerous sectors, thanks to our extensive and diverse clientele. Do you have cases outside these industries? No worries, we can still help you!
Contact us to discuss your case.
The type of court action taken for debt collection in Italy depends on the nature of the claim’s security. For debt securities like checks or bills of exchange, enforcement can be initiated upon maturity, including formal payment notices and, if necessary, enforcement procedures like garnishment or seizure leading to property sales. Claims supported by documentation (e.g., invoices, contracts) can seek an injunctive decree issued by the court based on the creditor’s evidence, with a relatively short processing time. The debtor then has 40 days to pay or object, leading to ordinary proceedings. In certain cases, the court may grant immediate and provisional enforceability, allowing the creditor to proceed without waiting for the 40-day period, though any execution remains provisional until resolved.
In Italy, most payment claims have a 10-year limitation period. However, specific claims like transport sector debts have a 1-year limit, and rental agreement invoices expire after 5 years. Creditors can interrupt this period by actions like sending a registered letter to the debtor. Our lawyers can provide more details on the applicable limitation period for your case.
Choosing Byrival means opting for expertise, efficiency, and a client-first approach. We pride ourselves on our ability to recover debts successfully in Italy without imposing any additional financial burden on our clients. In the past 22 years our debt recovery agents visited debtors personally all over Italy dozens of times using our ‘Travel to Collect’ strategy. Our ‘No Cure, No Pay policy ensures that our clients’ interests are always at the forefront of our efforts.
Debt collection enforcement proceedings in Italy involve forcibly seizing part of the debtor’s assets to satisfy the outstanding debt. It begins with a formal notice of payment, issued by the creditor through a Bailiff. The initial step is the “precept,” followed by “garnishment” after a 10-day grace period from precept service. Various enforcement types exist, including real estate execution (involving the debtor’s real estate), movable execution (pertaining to movable property), garnishment of registered movable property (such as vehicles), and third-party garnishment, which involves attaching sums owed to the debtor by a third party. It’s crucial to consider the statute of limitations, as older claims may become uncollectible if action is not taken within the specified timeframe, which varies based on the type of claim and its basis.
If the report shows that the debtor is definitively insolvent (e.g., wound up or with no reported assets), a final report can be issued, indicating that the debt is uncollectible. This document can be used by the creditor to seek tax relief in accordance with the tax laws of their home country.
