When it is necessary to take legal action for debt collection

A debt collection procedure, which acts against a private individual or a company, is divided into several phases that can be more or less complex . Sometimes it may be necessary to contact a judge to achieve the goal. This is an eventuality to be evaluated carefully and preferably by relying on specialists in the sector, able to develop the most effective and convenient action strategy through a consolidated operating method.

Before even taking legal action, the support of a debt collection  can prove invaluable in convincing the debtor of the opportunity to meet the request in a reasonably quicker and less labor-intensive manner for both parties. A legal action for recovery credits is in fact a card that tend to be reserved to play only in situations in which the attempts of an out-of-court solution of the case have failed.

Recovering credits out of court

The first way available to a creditor is a targeted and strategic payment reminder action , through e-mails, telephone calls and home visits by agents specialized in credit recovery, in order to convince the debtor to pay the amount due, possibly also by resorting to an agreement for payment in installments.

This phase requires us to be decisive and conciliatory at the same time, in order to achieve the goal without exacerbating a relationship, that between debtor and creditor, which naturally already presents critical issues. If, despite attempts to agreement and warnings about the inevitable future complications in case of refusal, the debtor should remain firm in not paying, the next step will be to initiate a legal action for debt collection .

Recovering debts in court

Since this is a procedure that requires specific sequences and economic resources, before starting a debt collection in court, a preliminary investigation is normally carried out on the economic-financial position of the debtor, to assess the effective possibility that the related assets may be the subject of an enforceable attachment deed capable of satisfying credit claims. Otherwise, or without sufficient guarantees of success, it could be disadvantageous for the creditor to undertake a path of this nature. In the same way, the possibility of irrefutably demonstrating the existence of the credit must be evaluated.

If these initial financial assessments are successful, it will be possible to proceed with certainty and determination in filing an appeal for injunction order with proof of collectability credit (invoices and / or official documents) that certify their collectability. 

The injunction can be immediately enforced only in special cases , such as the official recognition of the debt by the debtor. As a rule, however, the debtor has the right to oppose the injunction within 40 days of notification of the same. In the absence of opposition, the procedure advances in the direction of forced execution. The injunction therefore becomes executive .

On the other hand, if the debtor chooses to oppose the injunction, an ordinary lawsuit is initiated . In court, the creditor will have to prove his reasons and the debtor will be able to assert any reasons for non-payment, for example by claiming deficiencies and / or non-compliance in the performance of the contract or agreement.

Should the creditor win the case, the debtor will be required to pay the legal costs relating to the opposition initiated. If, on the contrary, the court considers the debtor’s opposition valid, the creditor will bear the legal costs. Considering the dynamics of judicial cases, to ensure ample chances of success it is strongly recommended to act promptly and punctually both in the first out-of-court debt collection attempts, and when it comes to choosing whether to initiate or minus a legal action so that it is quick and resolutive .