How does credit recovery work?
This is a very popular procedure in recent years, but also very complex for which it is preferable to rely on the experience of a competent law firm.
Clarify the debt collection process.
Many of us, entrepreneurs or individuals, have had to deal with an unpaid credit. To be able to get the payment of an invoice or a sum that is in any case owed to us, the road is almost always tortuous and not without obstacles.
This is why it is always a good practice to rely on civil lawyers who have experience in this specific field, both in the case of out-of-court procedure and in the even more complex one of a civil trial. These are lawyers who have a deep knowledge of the sector and high experience and in debt collection and in the context of credit management. They are able to offer targeted advice to your problem and also to indicate the process to prevent insolvencies.
The first thing to understand are the characteristics that the credit must have in order to proceed with its recovery.
There are three determining factors:
- the credit must be certain, i.e. the creditor must prove that it exists and that he is entitled to demand payment
- liquid, in the sense that the amount must be easily calculated so it must be a clear sum of money
- due, as the deadline within which it should have been requested has not expired.
Given these three factors, the process followed by a company of debt collection formed by expert and competent lawyers can therefore be of two types:
- out-of-court action which consists in drawing up a series of actions of a good-natured nature that avoid a judicial proceeding.
- judicial action when, on the other hand, it is necessary to resort to the intervention of a judge.
Data research and out-of-court procedure.
Our work will start in both cases from an in-depth analysis of the debtor’s assets such as residence and telephone numbers, current accounts and online accounts, movable and real estate properties, registered vehicles and other income attributable to the debtor itself, for then proceed with a series of activities that induce the debtor to make the payment due.
Out-of-court actions are represented by telephone payment reminders and written reminders by certified e-mail or registered letter with acknowledgment of receipt through which payment is requested by the debtor in an amicable way.
If you do not receive any response and feedback from these reminders, we will proceed to formal notice known as “formal notice”, again by certified e-mail or registered letter in which the request for payment is contained within a deadline established.
In the event that no response is received and the consequent desired payment is made, it will be necessary to proceed with the judicial process.
The judicial route and the importance of the lawyer.
When out-of-court procedures do not lead to the desired result, the company and / or private individual can be assisted by a lawyer, who will analyze and indicate which is the most appropriate way to obtain the success of the case submitted to him.
The most common procedure involves the filing of an injunction to obtain an enforceable title. Alternatively, you can opt for an ordinary case that ascertains the credit and leads to the conviction of the debtor.
When you appeal to the Court and obtain a sentence in your favor, you can ask for a forced execution through the attachment of the debtor’s movable and real estate assets.
The debtor, in the specific case, will no longer be able to sell and dispose of the assets owned by him that have become the subject of the attachment. These assets will be auctioned to obtain the amount of unclaimed credit from the related sale.
A complex path debt recovery which requires specific and analytical attention to the different and multiple cases that may arise, deep legal knowledge, advanced investigative skills and above all extensive and proven experience to guarantee results.
Our Legal Team has all the elements that will make a difference in resolving your specific case. Our company will not make you waste any more time and above all it will be the ideal partner you were looking for to reach the full satisfaction of your needs and requirements.
Our Mission is your satisfaction.
Do you need further clarification? Our experts are at your disposal.
Credit Group Italia is accredited by the Bankruptcy Section of the Court of Milan as a judicial and extrajudicial debt collection company.