Debt Collection in Italy

Our Law Firm / collection agency deals with the recovery of creditdue to natural or legal persons residing/based in Italy, with particular reference to the notification, and enforcements, procedures in Italy for judgments/injunctions issued in Switzerland or in an EU country, the issue of European injunctions, and the obtaining of a judgment/injunction in Italy.

Before being able to proceed with enforcement, enforceable Swiss/EU judgments require a declaration of enforceability on the Italian territory.

The relative application, which must be assigned to the competent Italian judicial authority based on the debtor's place of residence, must include:

  1. a) the originalSwiss/EU judgment, bearing the order for enforcement and presenting all the conditions of authenticity –– with the affixed Apostilles;
  2. b) annex V, provided for in the Lugano Convention of 30 October 2007 or in Regulation (EC) 44/2001.

Once the decree of enforceability in Italy of the Swiss/EU judgment, to which the debtor may object within 30 days for exclusively formal reasons, since a review based on merit is expressly excluded, has been obtained and the relevant parties notified, it will be possible to proceed with enforcement in Italy.

It should be noted that, whenrelated to uncontested claims, EU judgments and EU court settlementsmay be recognised and enforced immediately in Italy without the procedure described above, where they have a European Enforcement Order (EEO) certificate.

European injunctions, by contrast, do not require any declaration of enforceability or European certificate and constitute a right to start enforcement in Italy immediately.

Debt recovery in Italy can be summarised as follows:

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