Building a successful business is not easy, in particular when you have to deal with foreign companies. Creating a trustworthy relationship requires time and effort, but sometimes it can be very challenging, especially when you have to recover your money abroad.
At Advocate Abroad, we take this issue seriously. Timing, rapidity, and efficiency are fundamental in collecting monies owed in Italy: that is why our lawyers are particularly sensitive in this matter.
Avoid Debt-Related Issues before they arise
First of all, it is very important to consult a lawyer before an issue arises. Drafting or reviewing contract clauses can prevent costly and time-consuming litigation cases. Moreover, before doing any business with a particular foreign company it would be very useful to do a preliminary check on the reliability of the potential client. Whether you are dealing with a structured company or a small business, our lawyers, through the use of specialist databases, can carry-out an assessment on the solvency and creditworthiness of the company you are considering doing business with.
If you have reached the point where you are seeking to recover your money abroad, timing is fundamental. With an aggressive strategy our lawyers, are able to establish the most cost-effective strategy to recover your money.
Sometimes it is sufficient to send a reminder letter or a letter before action, but in most cases, it is necessary to institute legal action. Depending on the applicable law, as a creditor you can resort to Italian courts through an injunction of payment. In order to obtain an injunction of payment, it is sufficient to prove the existence of the credit (with invoices, transport documents, CMR, bill of lading). Once the injunction is served, the debtor has 40 days to make a claim against the decision and initiate ordinary civil proceedings.
European Order for Payment – Limitations
If the competent judge is based abroad where the creditor is based, then it is possible to request a European order for payment. This procedure, applicable in all EU countries (except Denmark) is very simple, but the debtor can object to the injunction by simply filing a form without any explanation. In order to obtain an EU order for payment, the creditor shall fill in a form and submit it to the competent court without attaching any document (it is just sufficient to indicate the proof of the credit). Then, the judge will issue the EU Order for payment and the creditor shall serve the two forms abroad to the debtor. If the debtor will make an objection, the creditor must start ordinary proceedings.
Before starting any legal action, our lawyers will make a preliminary assessment of the procedure to adopt in order to significantly reduce the time required to recover the credit and minimize the costs for the creditor.