How to recover a credit from a private individual

The need to recover a credit from a private individual in many cases involves concerns and doubts regarding the procedure to be followed, the costs and time required to obtain the amount due. It is indeed a situation with sometimes complex implications , but which can and must be faced with determination and for which it is also possible to rely on expert consultants.

How to recover a credit from a private individual, the steps to take

The credit recovery from a private individual proceeds in stages, gradually more demanding, from a first attempt at amicable resolution of the dispute up to the extreme solution of an act of attachment of the debtor’s assets. The first steps consist of formal requests, telephone reminders, registered letters or certified e-mails. In all these cases, the debtor will be given a short-term deadline within which the payment is expected.

Once the mediation attempts have failed, you can proceed with the formal notice in accordance with the provisions of Article 1219 and following of the Civil Code. The formal notice also provides, for the debtor, the obligation to compensate any damage caused by the delay in payment and serves as the effective date in the application of any interest on the debt. The formal notice sets a maximum time within which to repair the default, on average 5-15 days. After this time has elapsed without obtaining the desired effect, the creditor may decide to proceed by court, initiating the request for an injunction. If the debt is less than 5,000 euros, the injunction is the responsibility of the Justice of the Peace. For higher sums the appeal goes to the Court. The injunction, once granted and issued, will be notified to the debtor by the creditor’s lawyer within 60 days. The debtor, in turn, has 40 days to object, starting from the date of notification. If the debtor does not oppose and does not even settle his debt, he passes to an injunction. After 10 days from this last solicitation, the creditor can proceed with the request for a foreclosure order, which can take, depending on the case, three forms: movable, real estate, from third parties.

The importance of relying on professionals in the sector for debt collection from individuals

As can be easily understood, it would be in the interest of both parties to resolve the dispute as soon as possible, with the minimum expenditure of time and money and without resorting to the Court. In this sense, the advice and targeted intervention of professionals in the sector can be decisive already in the very early stages of debt collection, to try to reach the goal out of court.

It is essential, in any debt collection context, to move promptly and with authority, mastering the procedures and options available. Contacting a company specializing in debt collection such as Credit Group Italia allows you to significantly lighten the commitment to be allocated to the credit collection procedure, while remaining constantly updated on the evolution of the practice.

The importance of relying on an expert eye for the preventive evaluation of the specific case in its salient aspects and for calculating the chances of success is also not negligible, which is the first step in professional advice.

A good analysis of the situation and the documents proving the collectability of the credit , accompanied by preliminary investigations on the economic and financial conditions of the debtor , can avoid the mistake of embarking on a a demanding operation from different points of view when there are not sufficient guarantees of success , and this both at the start of the debt recovery procedure and when deciding whether or not to go to court. An accurate analysis of the case can, on the other hand, provide the impetus to proceed more quickly by knowing the favorable cards at your disposal.

Well-established strategies aimed at soliciting an agreement – contacts by telephone, registered mail or certified e-mail, home visits – when coordinated by professionals are often sufficient to resolve a dispute with a private individual. Using the right methods of persuasion in the early stages of debt collection is also a way to avoid irreparably compromising the relationship between creditor and debtor in all those cases in which this would entail an additional problem. In any subsequent phases of debt collection, the support of specialized consultants can prove to be all the more valuable the more delicate and complex they become, while continuing to require speed and punctuality at the same time.