Legal Question in Credit and Debt Law in Italy

I am an exporter from India.

One of my clients from Italy has done payment defaults.

I am looking for law consultancy in debt recovery from this trader/client from Catania (Italy)

Regards


Asked on 7/06/10, 2:13 am

3 Answers from Attorneys

Biagio Giancola Giancola Teti & Associati

Dear Sir,

thank you for you request.

I will happy to provide you with our legal services.

Before to start for any action, please, let me have the details of the debtor (company name, registered office, Vat number) in order to understand if it is a good standign company or not.

If so, i will indicate you an estimate fee for recovering your credit.

Many thanks in advance

With kind regards.

Biagio Giancola ([email protected])

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Answered on 7/06/10, 2:30 am
Andrea Tedioli Studio legale Tedioli

Dear Sir,

the most effective way of getting the debt paid in a short time is to obtain decreto ingiuntivo, by an Italian Court.

Decreto ingiuntivo is an order, given by the Court of the District where the company is based, to pay the debt in 40 days or to oppose this injunction.

If the Italian company has been protested or suffered compulsory sales of goods or executions, You can obtain an immediate order of payment.

To proceed, You need to send to the lawyer (You will choose) the invoices of the goods You sell and bills of landing and accord him the substantial and processual power of attorney (for the trial).

Then You have to register the order and, if the company has real estates, You can mortgage them and prevail over other creditors.

With an executive order (decreto ingiuntivo provvisoriamentte esecutivo), after a formal request of payment (precetto), You can also distrain the credits of the Italian company (but You need to know the name of the debtor and approximately the amount of single debt).

To have more detailed answers or a quotation of my fees, for trying to recover Your credit, please contact Studio Legale Tedioli ([email protected] tel. and fax 00390376360313 www.tedioli.com).

Regards.

Avv. Andrea Tedioli

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Answered on 7/06/10, 2:50 am
Francesco Misuraca SMAF & Associates, Law firm

Dear Sir,

We will be glad to offer our legal services, we are very experienced and acquainted with Indian customers. Please see our recent book on Indian Law, edited in Italy. see: http://shop.wki.it/Ipsoa/Libri/india_diritto_commerciale_doganale_e_fiscale_s12747.aspx

We will need a retainer proportioned to amount to recover.

Best Regards,

Francesco Misuraca

Attorney At Law

00198 ROME (RM), Italy

Via Savoia, 78

ph.:+(39) 06 983 56 983 fax.: +(39) 06 8928 10 51

e-mail: [email protected]

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Answered on 7/06/10, 3:38 am


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