Recovering a debt from an Italian company

For more than ten years, lawyer Boryana Gospodinova has assisted foreign clients, companies and individuals, in the recovery of debts from companies and debtors in Italy.

We act at the pre-litigation stage, that is, outside the court, with the aim of obtaining payment quickly and avoiding, where possible, the costs and time of court proceedings. And we act at the litigation stage, when amicable recovery does not achieve the result.

Do you have a debt in Italy? We are here to help you recover it

For a foreign company or citizen, recovering a debt from an Italian debtor can be particularly complex.

Geographical distance, language, the difficulty of communicating with the debtor and limited knowledge of Italian procedures can make it hard to understand how to intervene and, above all, how to do so quickly.

In many cases, however, timely and well-structured legal action can favour a pre-litigation solution and make it possible to recover the debt without having to face court proceedings straight away.

Pay attention also to the limitation periods for the debt: after a certain period, the debt can no longer be enforced.

It is precisely at this stage that we intervene.

Pre-litigation recovery: the first step to obtain payment quickly

When circumstances allow, our approach favours an initial pre-litigation recovery stage.

The goal is concrete: to obtain payment of the debt in the shortest reasonably possible time, sparing the client court proceedings when they are not necessary.

Depending on the situation, the work may include:

• the analysis of the documentation relating to the debt;
• the verification of the debtor’s position;
• the assessment of the situation and of the concrete prospects of recovery;
• the formal demand for payment (the letter before action);
• the negotiation of any payment arrangements;
• any settlement agreement, that is, the payment of part of the debt in full settlement of the entire position;
• the management of disputes and communications with the debtor;
• checking that the agreement reached is complied with;
• the assessment of whether to proceed in court.

Legal action can therefore be a way to unblock a situation that has stalled, re-establish a channel of communication with the debtor and increase the chances of obtaining payment without immediately resorting to the court.

When the debtor does not reply or seems to have disappeared

A particularly frequent situation is one in which the debtor suddenly breaks off all communication.

Unanswered emails, ignored phone calls, payment promises never kept or a company that seems to have become untraceable: for the foreign creditor it can be difficult to understand what the next step should be.

It is important not to waste time and to act as soon as possible to protect your rights and recover the debt.

Our firm can assess the debtor’s position, verify the available information and identify the most suitable strategy to attempt recovery of the debt.

Debts owed by Italian companies and businesses

We assist foreign clients from European and non-European countries in recovering debts from various types of Italian debtors, including:

• limited liability companies (S.r.l.);
• joint-stock companies (S.p.A.);
• other Italian companies and businesses;
• sole proprietorships;
• entrepreneurs and professionals;
• commercial parties that have failed to fulfil their payment obligations.

The debt may arise, for example, from unpaid commercial invoices, supply relationships, professional services, commercial contracts or other payment obligations.

From pre-litigation recovery to court action

If the pre-litigation attempt does not lead to payment, we assess with the client whether to proceed in court.

The action can be structured taking into account the amount of the debt, the available documentation, the debtor’s position and the concrete prospects of recovery.

In this way the court proceedings become a second stage of the recovery strategy: to be undertaken when the amicable attempt is not enough, or when circumstances make it appropriate to turn directly to the court.

A legal partner in Italy for your debt

For a foreign creditor, the value of an Italian professional does not consist only in knowledge of the law.

It is also the possibility of having a contact person present in Italy with whom to communicate clearly and quickly: someone able to understand the local context, speak directly with the debtor and coordinate the activities needed for recovery.

Our firm offers international clients a legal point of reference in Italy, with assistance in a foreign language focused on concreteness, timeliness and the actual possibility of recovering the debt.

More than ten years of experience in debt recovery

Lawyer Gospodinova has handled debt recovery cases for more than ten years, including complex ones: debts owed by debtors who are difficult to contact or who have broken off communications.

The experience gained allows us to assess the situation quickly and identify the most appropriate strategy, favouring, where possible, an effective and timely pre-litigation solution.

The goal is to recover the money actually owed.

Do you have an unpaid debt in Italy?

Do not wait for the problem to become harder to solve.

If an Italian company or business has not paid an invoice, has broken off communications or no longer responds to your payment requests, contact us for an initial assessment of the position.

We can examine the available documentation and assess with you the possibilities and the most suitable strategy to attempt recovery of the debt.