Debt collection: from payment reminder to seizure

An unpaid invoice, a salary that never arrives, a tenant who stops paying rent: every unpaid debt weighs on the finances of a business or a family, and the longer it goes on, the harder it becomes to recover.

The lawyer Gabriele Lanzi assists businesses and individuals at every stage of debt recovery: from the first request for payment to obtaining an enforceable title, up to enforcement against the debtor's assets. Before taking any action, he assesses with you the real chances of recovery, the timing and the costs.

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The debts we handle

Business debts

• Unpaid invoices for the supply of goods or services, including from foreign customers.

• Late payment interest due for delays in commercial transactions (Legislative Decree 231/2002) and flat-rate compensation for recovery costs.

• Debts arising from contracts for construction, agency, distribution, collaboration and consultancy.

Private individuals' debts

• Unpaid wages, severance pay (TFR) and pay differences owed by the employer.

• Unpaid rent and service charges owed by the tenant, also alongside eviction proceedings for non-payment.

• Sums due under contracts of any kind that have not been honoured: loans between individuals, sales, deposits not returned, agreed compensation left unpaid.

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The procedure

1. Formal demand for payment

The first step is a formal letter of demand and notice of default sent by the lawyer. It is often enough to obtain payment or to open negotiations on a repayment plan, with no court costs. If the debtor does not respond, the matter moves to court.

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2. The order for payment (decreto ingiuntivo)

To act against the debtor's assets, an enforceable title is needed. If the debt is proven in writing (invoices, contracts, extracts from accounting records, payslips, lease agreements), the lawyer files an application for an order for payment: the judge orders the debtor to pay, without ordinary proceedings.

Where the law allows it, the lawyer asks for the order to be provisionally enforceable. This is possible, for example, when the debt is based on a cheque, a bill of exchange or a document signed by the debtor acknowledging the debt, or when delay risks causing serious harm. In this case, the formal notice and seizure can follow immediately, without waiting for the 40 days the debtor has to file an objection.

If the order is not provisionally enforceable and the debtor does not object within 40 days of service, the judge declares it enforceable.

 

3. The formal notice to pay (atto di precetto)

The atto di precetto is the debtor's final warning: it orders payment within 10 days, stating that otherwise seizure will follow.

In some cases there is no need to go to court. Cheques, bills of exchange, notarial deeds and authenticated private agreements are enforceable titles by law: the lawyer can serve the atto di precetto directly, saving considerable time and cost.

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4. Enforcement

If the debtor does not pay voluntarily what has been ordered, the lawyer starts enforcement proceedings. The type of seizure is chosen according to the debtor's assets and the real chances of recovery:

• Seizure of movable property: the court bailiff seizes movable goods found at the debtor's home or business premises, which are then sold to satisfy the debt.

• Third-party attachment: targets sums owed to the debtor by others, such as bank account balances, salary or pension (within the limits set by law), rents or receivables from the debtor's customers.

• Seizure of real estate: targets houses, land and other property of the debtor, which the court then sells at auction.

• Seizure of vehicles: a special procedure for cars, motorcycles and trailers, with registration at the Public Vehicle Register (PRA) and delivery of the vehicle to the judicial sales institute.

 

5. Tracing the debtor's assets

A seizure is only effective if it targets assets that actually exist. For this reason, Studio legale Lanzi carries out its own searches of public databases:

• Land Registry (Catasto), to check whether the debtor owns real estate;

• Public Vehicle Register (PRA), to identify cars, motorcycles and other vehicles registered to the debtor;

• Chamber of Commerce, to establish whether there are business lease agreements and seize the rent owed to the debtor;

• Employment Centre (Centro per l'impiego), to verify the debtor's employment relationships and proceed with wage garnishment.

When these searches are not enough, for example because it is not known at which bank the debtor holds an account, the lawyer files an application with the Court under Article 492-bis of the Italian Code of Civil Procedure, to authorise an electronic search for assets.

The court bailiff can then consult restricted public databases: the tax register and the register of financial relationships, INPS (social security) databases, the Public Vehicle Register and other public authority databases. The seizure can thus precisely target assets that actually exist.

 

Our approach

• Preliminary assessment: before acting, the lawyer reviews the documents supporting the debt and the debtor's situation, to tell you clearly whether and how it is worth proceeding.

• The most effective route: formal demand, order for payment or direct atto di precetto, depending on the documents available; then the type of seizure with the best chance of success.

• Transparent fees: before work begins you receive a written estimate. Legal costs awarded by the court are charged to the debtor. To find out more, see the Professional fees page.

• Nationwide: the Firm handles proceedings before the Court of Florence and, with trusted colleagues, throughout Italy.

 

Contact us

Do you have unpaid invoices, salary arrears or a tenant behind on rent? Contact Studio legale Lanzi for an assessment of your claim.

Write to us from the Contact page