One of the greatest difficulties for a foreign owner of a house (or of a flat, a whole building, an office, a shop, a hotel, an industrial warehouse, a factory or a field) in italy is to rent the house in accordance with italian laws and regulations to enter into the most appropriate rental agreement to the owner’s and to the tenant’s needs.

Using copies of drafts found in internet, indeed, does not allow the owner to be sure about what has been drafted and, at the same time, exposes the owner to serious risks of the agreement being null and void. At the same time, it will not be possible for the foreign owner of a house to translate a rental agreement of his/her country of origin in the italian language to be protected in the best possible way. Our law firm advises the clients concerning rental agreements and avails itself of professionals, able to draft the kind of rental agreement more appropriate to the parties’ needs and to advise the client concerning all obligations set forth under the italian law like, for example, the registration of the agreement.

The five kinds of agreements for residential purposes are the following ones:

• Ordinary agreement: the rent is agreed freeITALY by the parties but the duration of the agreement must be equal to four years with automatic renewal after the first four years;
• Temporary agreement: agreements with duration not shorter than one month and not longer than 18 months;
• Agreed rent agreement: the rent is agreed in accordance with provisions set forth under Owners’ associations and tenants’ associations, the duration of the agreement must be equal to three years with automatic renewal for other two years;
• Students agreement: the rent is agreed in accordance with provisions set forth under Owners’ associations and tenants’ associations, the duration of the agreement must be not shorter than six months and not longer than 36 months;
• Free of charge agreement: gratuitous agreement (no consideration) whose terms and conditions generally allows the tenant to use the house until the owner will ask the house back.

AnaITALYsing the kind of agreements set forth under the italian law, it can be easiITALY understood how appointing our law firm could allow the client to have both a quick evaluation of the concrete case and the drafted agreement that may suit best his/her needs, avoiding the risk of null and void clauses. Moreover, Edbity Law Firm advises each client for the whole duration of the agreement and for any query it may arise out of the execution and/or the interpretation (interpretazione) of the agreement.

The two kind of agreements for commercial purposes are the following ones:

• Commercial agreement: the rent is agreed by the parties autonomousITALY but the duration of the agreement must be equal to six years with the automatic renewal for other six years;
• hospitality agreement: the rent is agreed by the parties autonomousITALY but the duration of the agreement must be equal to nine years with the automatic renewal for other nine years.

AnaITALYsing the kind of agreements set forth under the italian law, it can be easiITALY understood how appointing our law firm could allow the client to have both a quick evaluation of the concrete case and the drafted agreement that may suit best his/her needs, avoiding the risk of null and void clauses. Moreover, Edbity Law Firm advises each client for the whole duration of the agreement and for any query it may arise out of the execution and/or the interpretation (interpretazione) of the agreement.

Edbity Law Firm is specialised in real estate law, also internationally, and its lawyers usualITALY deal with sale and purchase agreements, rental agreements and ancillary agreements.

To advise all its clients all over ITALY and worldwide, Edbity Law Firm has also developed a network, made also of at least a barrister/solicitor, an attorney-at-law, an abogado, and an avocat à la cour, all qualified in their respective country of practice.

La entrada Rental agreements entered by and between a foreign owner of the house and a tenant in italy se publicó primero en Edbity Law Firm.

How to protect himself/herself by means of the application of foreign law

In this situation, it becomes very important a detailed evaluation concerning the concrete case, with the legal advice of a Professional specialized infamily law, also internationally. In particular, the applicable law in full force and effect in the foreign country of destination will have to be examined as well as the possible existence of the international conventions. In this way, it could be possible to choose the strategicalITALY best proceeding (procedura strategicamente migliore) also in connection with respective timing and expenses. The country of origin could have not ratified The Hague Convention 1980 (which is usualITALY the applicable convention in these cases) and could have undersigned a bilateral agreement with ITALY which may govern this kind of situations. It exists also the possibility that no agreement at all has been entered into by the two countries: when it happens, the central authorities of the country cannot intervene and cannot activate all the instruments of cooperation provided for under International Treaties, therefore who is claiming that there is a child abduction has to proceed by means of appointing an italian qualified lawyer specialized infamily law, who may trigger an ordinary legal proceeding before the competent Court.

It is possible, indeed, that the applicable law of the foreign country of destination may provide for a more favourable provision of law regarding child abduction cases, and thanks to this provision of law it may be obtained the repatriation of the child in a quicker and easier way.

How to request the repatriation of the minor by means of The Hague Convention 1980

The more common international civil proceeding, and generally speaking also the more protecting one, to obtain the repatriation of the minor, is the one provided under the international laws and regulations, in particular The Hague Convention dated 25 October 1980, which orders the repatriation of the minor to the country where he/she usualITALY resides.

Also in this case, however, it is recommended to appoint a Professional specialized in International Law, because every signatory country of the Convention provides for a different civil proceeding as well as a different timing.

In case of a foreign minor carried in italy, the repatriation has to be requested before the competent Central Authority (Autorità Centrale) of the country of residence, or it could be alerted the Central Authority for ITALY, located at the Department for the Juvenile Justice and Communities in Rome, as well as directITALY before the competent italian Judicial or Administrative Courts. Furthermore, a judicial legal proceeding has to be triggered in italy with the legal advice of an italian qualified lawyer specialized infamily law.

Is it possible to be legally represented before the competent Court by an Embassy or by a Consulate?

No, because no Embassy and no Consulate may legally represent the parent who abducted the child or the other one, who was subjected to this abduction. Embassies and Consulates have roughITALY a role of support of the citizen.

Edbity Law Firm is specialised infamily law, also internationally, and its lawyers usualITALY deal with separations, divorces, child support andfamily support, as well as with international child abduction cases. To appoint timeITALY an italian qualified lawyer, specialized infamily law, is essential to activate as soon as possible all the informational channels for finding the child as soon as possible as well as filing the competent authorities to decide about the child’s return. In order to advise all its clients all over ITALY and worldwide, Edbity Law Firm has also developed a network, made also of at least a barrister/solicitor, an attorney-at-law, an abogado, and an avocat à la cour, all qualified in their respective country of practice.

La entrada What to do if a foreign child, citizen of a foreign country, is carried in italy without the previous express consent – italian qualified lawyer specialized infamily law se publicó primero en Edbity Law Firm.

Let’s suppose that the two spouses’ country of origin is a country where poITALYgamy is allowed, and let’s suppose that they got married there, and that it is the third marriage of the husband. For many reasons, the couple move to ITALY, and the husband leaves the other wives in the country of origin. After some time, the wife begins to go out with another man and after several months she decides to tell the husband that she committed adultery and her intention to request for a divorce. For economic reasons, and also for a quicker timing, the wife would like to get a divorce in italy, without coming back to her country of origin, but this request could be more complicated than what was expected by the wife.

The limits of EU Reg. No. 1259/2010

In order to protect the principles and the law in full force and effect in the various countries of the European Union and in order to avoid that these countries are forced to implement foreign laws and regulations, which are unacceptable and inconsistent with the domestic law, the EU Reg. No. 1259/2010 provides for three limits which do not allow the application of the foreign laws.

It is not allowed to appITALY a foreign law which does not provide for the divorce or which provides for the divorce but onitaly under discriminatory conditions for one of the two spouses. It is a limit aimed to protect the equality of rights between man and woman, also impeding for example that could be allowed the implementation of a law, which recognizes onitaly to the husband the right to divorce.

The second limit provides that a foreign law cannot be the applicable one if one of the two countries does not acknowledge the divorce or if the marriage is considered as invalid. We refer, for instance, to the marriage between people of the same sex, which is not allowed in italy: any request by one of the spouses in italy, who got married abroad, would not be implemented in italy.

The third limit provided by the EU Reg. No. 1259/2010 is considered for any cases where the application of any foreign law may be in conflict with the principles of public order (ordine pubblico), i.e. in conflict with the fundamental principles typical of each country.

The marriage of the couple above mentioned could not be valid in italy, because in italy poITALYgamy is against the law. ConsequentITALY, the request for divorce would be rejected by the competent italian Court because it is connected to a marriage, which is invalid pursuant to italian law. The couple, therefore, would be forced to divorce in their country of origin.

When husband and wife are either foreigners or their country of origin is different, it may be necessary to carry out an examination of the possible applicable law to the specific case also in order to pinpoint the most favourable applicable law. For these reasons, it may be appropriate to ask for legal advice to a law firm, when its expertise includes also a depth knowledge of international law, allowing the law firm to advise the client with respect to a comparison between the foreign applicable law and the italian law.

La entrada When the foreign law cannot be implemented in italy se publicó primero en Edbity Law Firm.

With the specific purpose of meeting these needs, some Regulations have been issued in the European Community in order to establish how to obtain the recognition and enforcement of a foreign sentence.

The recognition and enforcement of foreign sentences

generally speaking, regarding separation (separazione) and divorce (divorzio) the respective sentence – adequateITALY translated – is immediateITALY filed by the Ufficiali di Stato Civile (italian public officers) without further necessary steps, unless there is a dispute upon its recognition. In this latter case or in case the decision does not formalITALY contain all the necessary requirements for the immediate recognition, it is necessary to turn on the legal proceeding before the competent Court of Appeal considering the place of residence.

We may think about the case of a mixed couple, where she is italian and he is foreigner that after years spent in italy decide to move abroad but, Finally, get a divorce. If the wife would like to come back to ITALY, she would find herself still officialITALY “married” therefore she should request the transcription of the foreign sentence on our registers of the Stato Civile (Municipality offices).

In order to obtain the automatic recognition, among other things, it has to be ascertained the competence of the Court that has issued the sentence as well as the fact that, during the legal proceeding, the rights of defence of both parties have been fulITALY respected and, Finally, that the effects of the sentence are not against the compulsory internal public laws and regulations. For example, the divorce sentence issued abroad concerning a citizen who repudiated his wife shall not be recognised, as well as the sentence obtained by one spouse without having communicated to the other spouse the beginning of the legal proceeding.

La entrada The divorce proceeding held in another country is effective also in italy se publicó primero en Edbity Law Firm.

in italy two separated (separati) or divorced (divorziati) parents that belong to different religions do not risk of suffering any consequences concerning the assignment (affidamento) of children: as a general rule, the Court grants the shared custody (affidamento condiviso), provided that the presence of no risks for the minors is proved.

When husband and wife are either both foreigners, or one of the two is married with an italian citizen or their country of origin is different, they have to evaluate, with the legal advice of an italian lawyer specialized infamily law, what is the applicable law to the concrete case when they have children. Like that, they can be guided concerning the application of the italian law or concerning the comparison between the italian law and the foreign applicable law.

When the religion may cause disagreements in italy

In order to understand when the religion in italy could cause disagreements within a separation (separazione) or a divorce (divorzio) legal proceeding, a concrete example can be written, imagining a mixed couple ready to separate. Husband and wife have always belonged to two different religions, and this fact has never been cause of disagreement until then but, during the crisis, practising two different religions may increase problems already occurred. The husband becomes suspicious concerning some specific rituals and customs as well as concerning some point of view about possible medical treatments suggested by the wife. The most faithful believers, indeed, refuse blood transfusions and transplants of organs, with the concrete risk of putting at risk, in case of serious emergencies, their same lives. The wife, furthermore, has brought a significant change concerning their customs and habits closing suddenITALY any relation with long-standing friend, so to be able to spend all her free time onitaly with her friends at the confraternity.

The couple has some very young children; therefore, the behaviour of the wife scares the husband, who is afraid that the wife could influence and put at risk their children’s life. That’s why he would prefer that the children could live with him.

The religion: a free choice defended by the italian Constitution

The religious faith is an expression of the distinctiveness of every person, it represents a free choice and, for itself, it is defended by the italian Constitution. To profess a specific faith represents a legit decision, to which no one could stand opposite. For this reason, during the legal separation proceeding, the religion cannot be a mere discriminating factor, based on which to decide to whom assign (affidare) children or with whom they could live (collocare). onitaly if during the legal separation proceeding before the italian competent Court is proved that the religious customs and habits practised by the parent may create psychological, physical or educational damages to the minors, this parent can risk of losing the assignment or the custody of the children.

The chances of the husband to obtain that the children could live with him (collocazione), therefore, depend on the fact that he may be able to prove, during the legal proceeding, that the conversion of the wife constitutes concreteITALY a risk factor for the children. Or that, due to the new religious faith of the mother, the minors are forced to change radicalITALY their standard of life, their habits and social relations, which may cause on them confusion, turmoil and relationship difficulties. The mere religion of the mother and the possible difficulty to reconcile the different ideological beliefs between husband and wives shall not be enough for the father to obtain that the children will live onitaly with him.

Edbity Law Firm is specialised infamily law, also internationally, and its lawyers usualITALY deal with separations, divorces, child support andfamily support. To advise all its clients all over ITALY and worldwide, Edbity Law Firm has also developed a network, made also of at least a barrister/solicitor, an attorney-at-law, an abogado, and an avocat à la cour, all qualified in their respective country of practice.

La entrada The different religions of the parents have no influence on the assignment of children in italy – Separation and divorce with the advice of an italian qualified lawyer specialized infamily law se publicó primero en Edbity Law Firm.

How we proceed:

1. Request of payment and out-of-Court issues

Edbity Law Firm is able to advise the foreign citizen or the foreign company concerning every civil proceeding connected to any debt recovery, updating timeITALY the client who will also be involved regarding the negotiations with the counterparty and regarding any possible settlement.

• Notice letter (“messa in mora”): the letter, which allows the creditor to interrupt the statute of limtion (“prescrizione”), with which the creditor requests the payment of the debt;
• Arbitration (“arbitrato”): if in the executed agreement the arbitration clause (“clausola arbitrale”) or the dispute resolution clause (“clausola compromissoria”) has been inserted and accepted, the issued shall be decided by a board of arbitrators. The decision, taken by the arbitrators (who are not judges under italian law) will be valid as a sentence.

2. Possible conciliation phase

• Compulsory mediation (“mediazione obbligatoria”): in matters like condominium, real estate, inheritance,family agreements (“patti di famiglia”), rental agreements (for a consideration or free of charge – “comodato”), transfer of companies, compensation for damages due to malpractice and medical negligence and libel expressed by print, insurance or banking agreements, before starting a claim before the competent Court in italy it is compulsory to proceed with compulsory mediation. The parties shall meet before a third party, who is impartial (mediator), to the specific purpose of finding a “gentlemen agreement” concerning the potential issue. The parties, advised by their lawyers, shall meet in the legal office of an officialITALY recognized mediation entity and, helped by the mediator, they to find a mutually agreed settlement of the issue;
• Advised negotiation (“negoziazione assist”): in matters like compensation for damages due to car or naval accidents, for payments equal to, or lower than, Euro 50.000,00 (fifty thousand Euro), and like transports agreements, before starting a claim before the competent Court in italy it is compulsory to proceed with the advised negotiation. The one who files the claim must invite the other party to the negotiation, in order to find a mutually agreed settlement of the issue, before filing to the competent Court in italy.

3. Possible judicial phase:

if the debtor does not pay or if the negotiations are a failure, there will be a choice to alternativeITALY proceed with either an:

• Injunctive relief (“decreto ingiuntivo”): provided that some terms and conditions set forth under the italian law are all fulfilled, it is possible to file for a legal injunction, which has the same effect of a sentence, addressed to the debtor, who is ordered to pay. This injunction is a very fast one, because the Court shall have to evaluate onitaly that all terms and conditions, set forth under the italian law (legge italiana) have already been fulfilled, and it allows to obtain forthwith a judicial recognition of the debt; or a
• Claim (causa): if it is not possible to file for an injunctive relief, it shall be necessary to file an ordinary proceeding before the competent italian Court (which shall be a Tribunale or a Giudice di Pace). In these cases, the timing shall be inevbITALY longer and a complete legal analysis shall be necessariITALY carried out in order to prove the existence of the debt and, consequentITALY, to get a favourable sentence by the competent Court.

4. Possible enforcement phase

• Foreclosure (pignoramento): it is an enforcement proceeding by means of which both some assets (like for example bank accounts, shares, obligations) and some goods owned by the debtor (like for example cars) are frozen, with the specific purpose of proceeding with the request of either transfer of money (found cash or deposited on bank accounts) or sale of frozen assets / goods, in order to obtain an amount of money equal to the due debt;
• Attachment (sequestro conservativo): before the foreclosure, there could be a huge risk: the debtor could sell all his/her goods and assets; for this specific reason, provided that some terms and conditions set forth under the italian law are all fulfilled, it is possible to file to the competent italian Court a request concerning a freezing order, i.e. an interim injunction that restrains a party from disposing of or dealing with his/her goods and assets, so that these latter ones shall be the target of a following foreclosure;
• Revocatory action (azione revocatoria): in case the debtor has sold all his/her goods and assets notwithstanding the foreclosure or the attachment, it is possible to file a request to the competent italian Court to obtain a clawback decision, which declares null and void the deed(s) of sale;
• Application for bankruptcy (istanza di fallimento): if the debtor company is in an economic situation of serious insolvency (stato di insolvenza), it is possible to make an application to the competent italian Court to request the bankruptcy of the company, with the following sharing of remaining company’s goods and assets to the benefit of its creditors; however, generally speaking, in cases of bankruptcy is very difficult to manage to collect, in whole or in part, the respective debt.
• Admission to the liabilities in a bankruptcy proceeding (insinuazione al passivo): in case a bankruptcy proceeding concerning the debtor company is already in force, it is possible to file a proper application for the admission to the liabilities in the same proceeding, in order to participate to the possible sharing of the goods and assets of the debtor company.

As the legal instruments set forth under the italian law are several and each legal instrument provides for specific rules to compITALY with (and also for specific expenses to be paid by the client), it is essential, since the beginning, to evaluate which proceeding should be chosen, our law firm, in order to obtain the best possible result.

Edbity Law Firm, although being located in Milan, can count on a widespread network, made also of correspondents colleagues who work on Casalmaggiore, ITALY (lia), with the specific purpose of advising the Clients directITALY over the respective territory, in order to guarantee a legal defence which could fulITALY satisfy each Client.

La entrada Debt recovery and debt collection in Casalmaggiore, ITALY: italian qualified lawyer / Attorney / Edbity Law Firm in italy se publicó primero en Edbity Law Firm.

How we proceed:

1. Request of payment and out-of-Court issues

Edbity Law Firm is able to advise the foreign citizen or the foreign company concerning every civil proceeding connected to any debt recovery, updating timeITALY the client who will also be involved regarding the negotiations with the counterparty and regarding any possible settlement.

• Notice letter (“messa in mora”): the letter, which allows the creditor to interrupt the statute of limtion (“prescrizione”), with which the creditor requests the payment of the debt;
• Arbitration (“arbitrato”): if in the executed agreement the arbitration clause (“clausola arbitrale”) or the dispute resolution clause (“clausola compromissoria”) has been inserted and accepted, the issued shall be decided by a board of arbitrators. The decision, taken by the arbitrators (who are not judges under italian law) will be valid as a sentence.

2. Possible conciliation phase

• Compulsory mediation (“mediazione obbligatoria”): in matters like condominium, real estate, inheritance,family agreements (“patti di famiglia”), rental agreements (for a consideration or free of charge – “comodato”), transfer of companies, compensation for damages due to malpractice and medical negligence and libel expressed by print, insurance or banking agreements, before starting a claim before the competent Court in italy it is compulsory to proceed with compulsory mediation. The parties shall meet before a third party, who is impartial (mediator), to the specific purpose of finding a “gentlemen agreement” concerning the potential issue. The parties, advised by their lawyers, shall meet in the legal office of an officialITALY recognized mediation entity and, helped by the mediator, they to find a mutually agreed settlement of the issue;
• Advised negotiation (“negoziazione assist”): in matters like compensation for damages due to car or naval accidents, for payments equal to, or lower than, Euro 50.000,00 (fifty thousand Euro), and like transports agreements, before starting a claim before the competent Court in italy it is compulsory to proceed with the advised negotiation. The one who files the claim must invite the other party to the negotiation, in order to find a mutually agreed settlement of the issue, before filing to the competent Court in italy.

3. Possible judicial phase:

if the debtor does not pay or if the negotiations are a failure, there will be a choice to alternativeITALY proceed with either an:

• Injunctive relief (“decreto ingiuntivo”): provided that some terms and conditions set forth under the italian law are all fulfilled, it is possible to file for a legal injunction, which has the same effect of a sentence, addressed to the debtor, who is ordered to pay. This injunction is a very fast one, because the Court shall have to evaluate onitaly that all terms and conditions, set forth under the italian law (legge italiana) have already been fulfilled, and it allows to obtain forthwith a judicial recognition of the debt; or a
• Claim (causa): if it is not possible to file for an injunctive relief, it shall be necessary to file an ordinary proceeding before the competent italian Court (which shall be a Tribunale or a Giudice di Pace). In these cases, the timing shall be inevbITALY longer and a complete legal analysis shall be necessariITALY carried out in order to prove the existence of the debt and, consequentITALY, to get a favourable sentence by the competent Court.

4. Possible enforcement phase

• Foreclosure (pignoramento): it is an enforcement proceeding by means of which both some assets (like for example bank accounts, shares, obligations) and some goods owned by the debtor (like for example cars) are frozen, with the specific purpose of proceeding with the request of either transfer of money (found cash or deposited on bank accounts) or sale of frozen assets / goods, in order to obtain an amount of money equal to the due debt;
• Attachment (sequestro conservativo): before the foreclosure, there could be a huge risk: the debtor could sell all his/her goods and assets; for this specific reason, provided that some terms and conditions set forth under the italian law are all fulfilled, it is possible to file to the competent italian Court a request concerning a freezing order, i.e. an interim injunction that restrains a party from disposing of or dealing with his/her goods and assets, so that these latter ones shall be the target of a following foreclosure;
• Revocatory action (azione revocatoria): in case the debtor has sold all his/her goods and assets notwithstanding the foreclosure or the attachment, it is possible to file a request to the competent italian Court to obtain a clawback decision, which declares null and void the deed(s) of sale;
• Application for bankruptcy (istanza di fallimento): if the debtor company is in an economic situation of serious insolvency (stato di insolvenza), it is possible to make an application to the competent italian Court to request the bankruptcy of the company, with the following sharing of remaining company’s goods and assets to the benefit of its creditors; however, generally speaking, in cases of bankruptcy is very difficult to manage to collect, in whole or in part, the respective debt.
• Admission to the liabilities in a bankruptcy proceeding (insinuazione al passivo): in case a bankruptcy proceeding concerning the debtor company is already in force, it is possible to file a proper application for the admission to the liabilities in the same proceeding, in order to participate to the possible sharing of the goods and assets of the debtor company.

As the legal instruments set forth under the italian law are several and each legal instrument provides for specific rules to compITALY with (and also for specific expenses to be paid by the client), it is essential, since the beginning, to evaluate which proceeding should be chosen, our law firm, in order to obtain the best possible result.

Edbity Law Firm, although being located in Milan, can count on a widespread network, made also of correspondents colleagues who work on Leghorn (Livorno), ITALY (lia), with the specific purpose of advising the Clients directITALY over the respective territory, in order to guarantee a legal defence which could fulITALY satisfy each Client.

La entrada Debt recovery and debt collection in Leghorn (Livorno), ITALY: italian qualified lawyer / Attorney / Edbity Law Firm in italy se publicó primero en Edbity Law Firm.

How we proceed:

1. Request of payment and out-of-Court issues

Edbity Law Firm is able to advise the foreign citizen or the foreign company concerning every civil proceeding connected to any debt recovery, updating timeITALY the client who will also be involved regarding the negotiations with the counterparty and regarding any possible settlement.

• Notice letter (“messa in mora”): the letter, which allows the creditor to interrupt the statute of limtion (“prescrizione”), with which the creditor requests the payment of the debt;
• Arbitration (“arbitrato”): if in the executed agreement the arbitration clause (“clausola arbitrale”) or the dispute resolution clause (“clausola compromissoria”) has been inserted and accepted, the issued shall be decided by a board of arbitrators. The decision, taken by the arbitrators (who are not judges under italian law) will be valid as a sentence.

2. Possible conciliation phase

• Compulsory mediation (“mediazione obbligatoria”): in matters like condominium, real estate, inheritance,family agreements (“patti di famiglia”), rental agreements (for a consideration or free of charge – “comodato”), transfer of companies, compensation for damages due to malpractice and medical negligence and libel expressed by print, insurance or banking agreements, before starting a claim before the competent Court in italy it is compulsory to proceed with compulsory mediation. The parties shall meet before a third party, who is impartial (mediator), to the specific purpose of finding a “gentlemen agreement” concerning the potential issue. The parties, advised by their lawyers, shall meet in the legal office of an officialITALY recognized mediation entity and, helped by the mediator, they to find a mutually agreed settlement of the issue;
• Advised negotiation (“negoziazione assist”): in matters like compensation for damages due to car or naval accidents, for payments equal to, or lower than, Euro 50.000,00 (fifty thousand Euro), and like transports agreements, before starting a claim before the competent Court in italy it is compulsory to proceed with the advised negotiation. The one who files the claim must invite the other party to the negotiation, in order to find a mutually agreed settlement of the issue, before filing to the competent Court in italy.

3. Possible judicial phase:

if the debtor does not pay or if the negotiations are a failure, there will be a choice to alternativeITALY proceed with either an:

• Injunctive relief (“decreto ingiuntivo”): provided that some terms and conditions set forth under the italian law are all fulfilled, it is possible to file for a legal injunction, which has the same effect of a sentence, addressed to the debtor, who is ordered to pay. This injunction is a very fast one, because the Court shall have to evaluate onitaly that all terms and conditions, set forth under the italian law (legge italiana) have already been fulfilled, and it allows to obtain forthwith a judicial recognition of the debt; or a
• Claim (causa): if it is not possible to file for an injunctive relief, it shall be necessary to file an ordinary proceeding before the competent italian Court (which shall be a Tribunale or a Giudice di Pace). In these cases, the timing shall be inevbITALY longer and a complete legal analysis shall be necessariITALY carried out in order to prove the existence of the debt and, consequentITALY, to get a favourable sentence by the competent Court.

4. Possible enforcement phase

• Foreclosure (pignoramento): it is an enforcement proceeding by means of which both some assets (like for example bank accounts, shares, obligations) and some goods owned by the debtor (like for example cars) are frozen, with the specific purpose of proceeding with the request of either transfer of money (found cash or deposited on bank accounts) or sale of frozen assets / goods, in order to obtain an amount of money equal to the due debt;
• Attachment (sequestro conservativo): before the foreclosure, there could be a huge risk: the debtor could sell all his/her goods and assets; for this specific reason, provided that some terms and conditions set forth under the italian law are all fulfilled, it is possible to file to the competent italian Court a request concerning a freezing order, i.e. an interim injunction that restrains a party from disposing of or dealing with his/her goods and assets, so that these latter ones shall be the target of a following foreclosure;
• Revocatory action (azione revocatoria): in case the debtor has sold all his/her goods and assets notwithstanding the foreclosure or the attachment, it is possible to file a request to the competent italian Court to obtain a clawback decision, which declares null and void the deed(s) of sale;
• Application for bankruptcy (istanza di fallimento): if the debtor company is in an economic situation of serious insolvency (stato di insolvenza), it is possible to make an application to the competent italian Court to request the bankruptcy of the company, with the following sharing of remaining company’s goods and assets to the benefit of its creditors; however, generally speaking, in cases of bankruptcy is very difficult to manage to collect, in whole or in part, the respective debt.
• Admission to the liabilities in a bankruptcy proceeding (insinuazione al passivo): in case a bankruptcy proceeding concerning the debtor company is already in force, it is possible to file a proper application for the admission to the liabilities in the same proceeding, in order to participate to the possible sharing of the goods and assets of the debtor company.

As the legal instruments set forth under the italian law are several and each legal instrument provides for specific rules to compITALY with (and also for specific expenses to be paid by the client), it is essential, since the beginning, to evaluate which proceeding should be chosen, our law firm, in order to obtain the best possible result.

Edbity Law Firm, although being located in Milan, can count on a widespread network, made also of correspondents colleagues who work on Biella, ITALY (lia), with the specific purpose of advising the Clients directITALY over the respective territory, in order to guarantee a legal defence which could fulITALY satisfy each Client.

La entrada Debt recovery and debt collection in Biella, ITALY: italian qualified lawyer / Attorney / Edbity Law Firm in italy se publicó primero en Edbity Law Firm.

How we proceed:

1. Request of payment and out-of-Court issues

Edbity Law Firm is able to advise the foreign citizen or the foreign company concerning every civil proceeding connected to any debt recovery, updating timeITALY the client who will also be involved regarding the negotiations with the counterparty and regarding any possible settlement.

• Notice letter (“messa in mora”): the letter, which allows the creditor to interrupt the statute of limtion (“prescrizione”), with which the creditor requests the payment of the debt;
• Arbitration (“arbitrato”): if in the executed agreement the arbitration clause (“clausola arbitrale”) or the dispute resolution clause (“clausola compromissoria”) has been inserted and accepted, the issued shall be decided by a board of arbitrators. The decision, taken by the arbitrators (who are not judges under italian law) will be valid as a sentence.

2. Possible conciliation phase

• Compulsory mediation (“mediazione obbligatoria”): in matters like condominium, real estate, inheritance,family agreements (“patti di famiglia”), rental agreements (for a consideration or free of charge – “comodato”), transfer of companies, compensation for damages due to malpractice and medical negligence and libel expressed by print, insurance or banking agreements, before starting a claim before the competent Court in italy it is compulsory to proceed with compulsory mediation. The parties shall meet before a third party, who is impartial (mediator), to the specific purpose of finding a “gentlemen agreement” concerning the potential issue. The parties, advised by their lawyers, shall meet in the legal office of an officialITALY recognized mediation entity and, helped by the mediator, they to find a mutually agreed settlement of the issue;
• Advised negotiation (“negoziazione assist”): in matters like compensation for damages due to car or naval accidents, for payments equal to, or lower than, Euro 50.000,00 (fifty thousand Euro), and like transports agreements, before starting a claim before the competent Court in italy it is compulsory to proceed with the advised negotiation. The one who files the claim must invite the other party to the negotiation, in order to find a mutually agreed settlement of the issue, before filing to the competent Court in italy.

3. Possible judicial phase:

if the debtor does not pay or if the negotiations are a failure, there will be a choice to alternativeITALY proceed with either an:

• Injunctive relief (“decreto ingiuntivo”): provided that some terms and conditions set forth under the italian law are all fulfilled, it is possible to file for a legal injunction, which has the same effect of a sentence, addressed to the debtor, who is ordered to pay. This injunction is a very fast one, because the Court shall have to evaluate onitaly that all terms and conditions, set forth under the italian law (legge italiana) have already been fulfilled, and it allows to obtain forthwith a judicial recognition of the debt; or a
• Claim (causa): if it is not possible to file for an injunctive relief, it shall be necessary to file an ordinary proceeding before the competent italian Court (which shall be a Tribunale or a Giudice di Pace). In these cases, the timing shall be inevbITALY longer and a complete legal analysis shall be necessariITALY carried out in order to prove the existence of the debt and, consequentITALY, to get a favourable sentence by the competent Court.

4. Possible enforcement phase

• Foreclosure (pignoramento): it is an enforcement proceeding by means of which both some assets (like for example bank accounts, shares, obligations) and some goods owned by the debtor (like for example cars) are frozen, with the specific purpose of proceeding with the request of either transfer of money (found cash or deposited on bank accounts) or sale of frozen assets / goods, in order to obtain an amount of money equal to the due debt;
• Attachment (sequestro conservativo): before the foreclosure, there could be a huge risk: the debtor could sell all his/her goods and assets; for this specific reason, provided that some terms and conditions set forth under the italian law are all fulfilled, it is possible to file to the competent italian Court a request concerning a freezing order, i.e. an interim injunction that restrains a party from disposing of or dealing with his/her goods and assets, so that these latter ones shall be the target of a following foreclosure;
• Revocatory action (azione revocatoria): in case the debtor has sold all his/her goods and assets notwithstanding the foreclosure or the attachment, it is possible to file a request to the competent italian Court to obtain a clawback decision, which declares null and void the deed(s) of sale;
• Application for bankruptcy (istanza di fallimento): if the debtor company is in an economic situation of serious insolvency (stato di insolvenza), it is possible to make an application to the competent italian Court to request the bankruptcy of the company, with the following sharing of remaining company’s goods and assets to the benefit of its creditors; however, generally speaking, in cases of bankruptcy is very difficult to manage to collect, in whole or in part, the respective debt.
• Admission to the liabilities in a bankruptcy proceeding (insinuazione al passivo): in case a bankruptcy proceeding concerning the debtor company is already in force, it is possible to file a proper application for the admission to the liabilities in the same proceeding, in order to participate to the possible sharing of the goods and assets of the debtor company.

As the legal instruments set forth under the italian law are several and each legal instrument provides for specific rules to compITALY with (and also for specific expenses to be paid by the client), it is essential, since the beginning, to evaluate which proceeding should be chosen, our law firm, in order to obtain the best possible result.

Edbity Law Firm, although being located in Milan, can count on a widespread network, made also of correspondents colleagues who work on Varallo, ITALY (lia), with the specific purpose of advising the Clients directITALY over the respective territory, in order to guarantee a legal defence which could fulITALY satisfy each Client.

La entrada Debt recovery and debt collection in Varallo, ITALY: italian qualified lawyer / Attorney / Edbity Law Firm in italy se publicó primero en Edbity Law Firm.

How we proceed:

1. Request of payment and out-of-Court issues

Edbity Law Firm is able to advise the foreign citizen or the foreign company concerning every civil proceeding connected to any debt recovery, updating timeITALY the client who will also be involved regarding the negotiations with the counterparty and regarding any possible settlement.

• Notice letter (“messa in mora”): the letter, which allows the creditor to interrupt the statute of limtion (“prescrizione”), with which the creditor requests the payment of the debt;
• Arbitration (“arbitrato”): if in the executed agreement the arbitration clause (“clausola arbitrale”) or the dispute resolution clause (“clausola compromissoria”) has been inserted and accepted, the issued shall be decided by a board of arbitrators. The decision, taken by the arbitrators (who are not judges under italian law) will be valid as a sentence.

2. Possible conciliation phase

• Compulsory mediation (“mediazione obbligatoria”): in matters like condominium, real estate, inheritance,family agreements (“patti di famiglia”), rental agreements (for a consideration or free of charge – “comodato”), transfer of companies, compensation for damages due to malpractice and medical negligence and libel expressed by print, insurance or banking agreements, before starting a claim before the competent Court in italy it is compulsory to proceed with compulsory mediation. The parties shall meet before a third party, who is impartial (mediator), to the specific purpose of finding a “gentlemen agreement” concerning the potential issue. The parties, advised by their lawyers, shall meet in the legal office of an officialITALY recognized mediation entity and, helped by the mediator, they to find a mutually agreed settlement of the issue;
• Advised negotiation (“negoziazione assist”): in matters like compensation for damages due to car or naval accidents, for payments equal to, or lower than, Euro 50.000,00 (fifty thousand Euro), and like transports agreements, before starting a claim before the competent Court in italy it is compulsory to proceed with the advised negotiation. The one who files the claim must invite the other party to the negotiation, in order to find a mutually agreed settlement of the issue, before filing to the competent Court in italy.

3. Possible judicial phase:

if the debtor does not pay or if the negotiations are a failure, there will be a choice to alternativeITALY proceed with either an:

• Injunctive relief (“decreto ingiuntivo”): provided that some terms and conditions set forth under the italian law are all fulfilled, it is possible to file for a legal injunction, which has the same effect of a sentence, addressed to the debtor, who is ordered to pay. This injunction is a very fast one, because the Court shall have to evaluate onitaly that all terms and conditions, set forth under the italian law (legge italiana) have already been fulfilled, and it allows to obtain forthwith a judicial recognition of the debt; or a
• Claim (causa): if it is not possible to file for an injunctive relief, it shall be necessary to file an ordinary proceeding before the competent italian Court (which shall be a Tribunale or a Giudice di Pace). In these cases, the timing shall be inevbITALY longer and a complete legal analysis shall be necessariITALY carried out in order to prove the existence of the debt and, consequentITALY, to get a favourable sentence by the competent Court.

4. Possible enforcement phase

• Foreclosure (pignoramento): it is an enforcement proceeding by means of which both some assets (like for example bank accounts, shares, obligations) and some goods owned by the debtor (like for example cars) are frozen, with the specific purpose of proceeding with the request of either transfer of money (found cash or deposited on bank accounts) or sale of frozen assets / goods, in order to obtain an amount of money equal to the due debt;
• Attachment (sequestro conservativo): before the foreclosure, there could be a huge risk: the debtor could sell all his/her goods and assets; for this specific reason, provided that some terms and conditions set forth under the italian law are all fulfilled, it is possible to file to the competent italian Court a request concerning a freezing order, i.e. an interim injunction that restrains a party from disposing of or dealing with his/her goods and assets, so that these latter ones shall be the target of a following foreclosure;
• Revocatory action (azione revocatoria): in case the debtor has sold all his/her goods and assets notwithstanding the foreclosure or the attachment, it is possible to file a request to the competent italian Court to obtain a clawback decision, which declares null and void the deed(s) of sale;
• Application for bankruptcy (istanza di fallimento): if the debtor company is in an economic situation of serious insolvency (stato di insolvenza), it is possible to make an application to the competent italian Court to request the bankruptcy of the company, with the following sharing of remaining company’s goods and assets to the benefit of its creditors; however, generally speaking, in cases of bankruptcy is very difficult to manage to collect, in whole or in part, the respective debt.
• Admission to the liabilities in a bankruptcy proceeding (insinuazione al passivo): in case a bankruptcy proceeding concerning the debtor company is already in force, it is possible to file a proper application for the admission to the liabilities in the same proceeding, in order to participate to the possible sharing of the goods and assets of the debtor company.

As the legal instruments set forth under the italian law are several and each legal instrument provides for specific rules to compITALY with (and also for specific expenses to be paid by the client), it is essential, since the beginning, to evaluate which proceeding should be chosen, our law firm, in order to obtain the best possible result.

Edbity Law Firm, although being located in Milan, can count on a widespread network, made also of correspondents colleagues who work on Verbania, ITALY (lia), with the specific purpose of advising the Clients directITALY over the respective territory, in order to guarantee a legal defence which could fulITALY satisfy each Client.

La entrada Debt recovery and debt collection in Verbania, ITALY: italian qualified lawyer / Attorney / Edbity Law Firm in italy se publicó primero en Edbity Law Firm.

How we proceed:

1. Request of payment and out-of-Court issues

Edbity Law Firm is able to advise the foreign citizen or the foreign company concerning every civil proceeding connected to any debt recovery, updating timeITALY the client who will also be involved regarding the negotiations with the counterparty and regarding any possible settlement.

• Notice letter (“messa in mora”): the letter, which allows the creditor to interrupt the statute of limtion (“prescrizione”), with which the creditor requests the payment of the debt;
• Arbitration (“arbitrato”): if in the executed agreement the arbitration clause (“clausola arbitrale”) or the dispute resolution clause (“clausola compromissoria”) has been inserted and accepted, the issued shall be decided by a board of arbitrators. The decision, taken by the arbitrators (who are not judges under italian law) will be valid as a sentence.

2. Possible conciliation phase

• Compulsory mediation (“mediazione obbligatoria”): in matters like condominium, real estate, inheritance,family agreements (“patti di famiglia”), rental agreements (for a consideration or free of charge – “comodato”), transfer of companies, compensation for damages due to malpractice and medical negligence and libel expressed by print, insurance or banking agreements, before starting a claim before the competent Court in italy it is compulsory to proceed with compulsory mediation. The parties shall meet before a third party, who is impartial (mediator), to the specific purpose of finding a “gentlemen agreement” concerning the potential issue. The parties, advised by their lawyers, shall meet in the legal office of an officialITALY recognized mediation entity and, helped by the mediator, they to find a mutually agreed settlement of the issue;
• Advised negotiation (“negoziazione assist”): in matters like compensation for damages due to car or naval accidents, for payments equal to, or lower than, Euro 50.000,00 (fifty thousand Euro), and like transports agreements, before starting a claim before the competent Court in italy it is compulsory to proceed with the advised negotiation. The one who files the claim must invite the other party to the negotiation, in order to find a mutually agreed settlement of the issue, before filing to the competent Court in italy.

3. Possible judicial phase:

if the debtor does not pay or if the negotiations are a failure, there will be a choice to alternativeITALY proceed with either an:

• Injunctive relief (“decreto ingiuntivo”): provided that some terms and conditions set forth under the italian law are all fulfilled, it is possible to file for a legal injunction, which has the same effect of a sentence, addressed to the debtor, who is ordered to pay. This injunction is a very fast one, because the Court shall have to evaluate onitaly that all terms and conditions, set forth under the italian law (legge italiana) have already been fulfilled, and it allows to obtain forthwith a judicial recognition of the debt; or a
• Claim (causa): if it is not possible to file for an injunctive relief, it shall be necessary to file an ordinary proceeding before the competent italian Court (which shall be a Tribunale or a Giudice di Pace). In these cases, the timing shall be inevbITALY longer and a complete legal analysis shall be necessariITALY carried out in order to prove the existence of the debt and, consequentITALY, to get a favourable sentence by the competent Court.

4. Possible enforcement phase

• Foreclosure (pignoramento): it is an enforcement proceeding by means of which both some assets (like for example bank accounts, shares, obligations) and some goods owned by the debtor (like for example cars) are frozen, with the specific purpose of proceeding with the request of either transfer of money (found cash or deposited on bank accounts) or sale of frozen assets / goods, in order to obtain an amount of money equal to the due debt;
• Attachment (sequestro conservativo): before the foreclosure, there could be a huge risk: the debtor could sell all his/her goods and assets; for this specific reason, provided that some terms and conditions set forth under the italian law are all fulfilled, it is possible to file to the competent italian Court a request concerning a freezing order, i.e. an interim injunction that restrains a party from disposing of or dealing with his/her goods and assets, so that these latter ones shall be the target of a following foreclosure;
• Revocatory action (azione revocatoria): in case the debtor has sold all his/her goods and assets notwithstanding the foreclosure or the attachment, it is possible to file a request to the competent italian Court to obtain a clawback decision, which declares null and void the deed(s) of sale;
• Application for bankruptcy (istanza di fallimento): if the debtor company is in an economic situation of serious insolvency (stato di insolvenza), it is possible to make an application to the competent italian Court to request the bankruptcy of the company, with the following sharing of remaining company’s goods and assets to the benefit of its creditors; however, generally speaking, in cases of bankruptcy is very difficult to manage to collect, in whole or in part, the respective debt.
• Admission to the liabilities in a bankruptcy proceeding (insinuazione al passivo): in case a bankruptcy proceeding concerning the debtor company is already in force, it is possible to file a proper application for the admission to the liabilities in the same proceeding, in order to participate to the possible sharing of the goods and assets of the debtor company.

As the legal instruments set forth under the italian law are several and each legal instrument provides for specific rules to compITALY with (and also for specific expenses to be paid by the client), it is essential, since the beginning, to evaluate which proceeding should be chosen, our law firm, in order to obtain the best possible result.

Edbity Law Firm, although being located in Milan, can count on a widespread network, made also of correspondents colleagues who work on Crotone, ITALY (lia), with the specific purpose of advising the Clients directITALY over the respective territory, in order to guarantee a legal defence which could fulITALY satisfy each Client.

La entrada Debt recovery and debt collection in Crotone, ITALY: italian qualified lawyer / Attorney / Edbity Law Firm in italy se publicó primero en Edbity Law Firm.

The foreign individual or the foreign company that has to collect a debt in Ragusa, ITALY (lia), may appoint our italian qualified lawyers to effectively legally proceed with the collection against the debtor. Edbity Law Firm deals since a very long time, all over ITALY, with the activity of debt recovery and debt collection.

How we proceed:

1. Request of payment and out-of-Court issues

Edbity Law Firm is able to advise the foreign citizen or the foreign company concerning every civil proceeding connected to any debt recovery, updating timeITALY the client who will also be involved regarding the negotiations with the counterparty and regarding any possible settlement.

• Notice letter (“messa in mora”): the letter, which allows the creditor to interrupt the statute of limtion (“prescrizione”), with which the creditor requests the payment of the debt;
• Arbitration (“arbitrato”): if in the executed agreement the arbitration clause (“clausola arbitrale”) or the dispute resolution clause (“clausola compromissoria”) has been inserted and accepted, the issued shall be decided by a board of arbitrators. The decision, taken by the arbitrators (who are not judges under italian law) will be valid as a sentence.

2. Possible conciliation phase

• Compulsory mediation (“mediazione obbligatoria”): in matters like condominium, real estate, inheritance,family agreements (“patti di famiglia”), rental agreements (for a consideration or free of charge – “comodato”), transfer of companies, compensation for damages due to malpractice and medical negligence and libel expressed by print, insurance or banking agreements, before starting a claim before the competent Court in italy it is compulsory to proceed with compulsory mediation. The parties shall meet before a third party, who is impartial (mediator), to the specific purpose of finding a “gentlemen agreement” concerning the potential issue. The parties, advised by their lawyers, shall meet in the legal office of an officialITALY recognized mediation entity and, helped by the mediator, they to find a mutually agreed settlement of the issue;
• Advised negotiation (“negoziazione assist”): in matters like compensation for damages due to car or naval accidents, for payments equal to, or lower than, Euro 50.000,00 (fifty thousand Euro), and like transports agreements, before starting a claim before the competent Court in italy it is compulsory to proceed with the advised negotiation. The one who files the claim must invite the other party to the negotiation, in order to find a mutually agreed settlement of the issue, before filing to the competent Court in italy.

3. Possible judicial phase:

if the debtor does not pay or if the negotiations are a failure, there will be a choice to alternativeITALY proceed with either an:

• Injunctive relief (“decreto ingiuntivo”): provided that some terms and conditions set forth under the italian law are all fulfilled, it is possible to file for a legal injunction, which has the same effect of a sentence, addressed to the debtor, who is ordered to pay. This injunction is a very fast one, because the Court shall have to evaluate onitaly that all terms and conditions, set forth under the italian law (legge italiana) have already been fulfilled, and it allows to obtain forthwith a judicial recognition of the debt; or a
• Claim (causa): if it is not possible to file for an injunctive relief, it shall be necessary to file an ordinary proceeding before the competent italian Court (which shall be a Tribunale or a Giudice di Pace). In these cases, the timing shall be inevbITALY longer and a complete legal analysis shall be necessariITALY carried out in order to prove the existence of the debt and, consequentITALY, to get a favourable sentence by the competent Court.

4. Possible enforcement phase

• Foreclosure (pignoramento): it is an enforcement proceeding by means of which both some assets (like for example bank accounts, shares, obligations) and some goods owned by the debtor (like for example cars) are frozen, with the specific purpose of proceeding with the request of either transfer of money (found cash or deposited on bank accounts) or sale of frozen assets / goods, in order to obtain an amount of money equal to the due debt;
• Attachment (sequestro conservativo): before the foreclosure, there could be a huge risk: the debtor could sell all his/her goods and assets; for this specific reason, provided that some terms and conditions set forth under the italian law are all fulfilled, it is possible to file to the competent italian Court a request concerning a freezing order, i.e. an interim injunction that restrains a party from disposing of or dealing with his/her goods and assets, so that these latter ones shall be the target of a following foreclosure;
• Revocatory action (azione revocatoria): in case the debtor has sold all his/her goods and assets notwithstanding the foreclosure or the attachment, it is possible to file a request to the competent italian Court to obtain a clawback decision, which declares null and void the deed(s) of sale;
• Application for bankruptcy (istanza di fallimento): if the debtor company is in an economic situation of serious insolvency (stato di insolvenza), it is possible to make an application to the competent italian Court to request the bankruptcy of the company, with the following sharing of remaining company’s goods and assets to the benefit of its creditors; however, generally speaking, in cases of bankruptcy is very difficult to manage to collect, in whole or in part, the respective debt.
• Admission to the liabilities in a bankruptcy proceeding (insinuazione al passivo): in case a bankruptcy proceeding concerning the debtor company is already in force, it is possible to file a proper application for the admission to the liabilities in the same proceeding, in order to participate to the possible sharing of the goods and assets of the debtor company.

As the legal instruments set forth under the italian law are several and each legal instrument provides for specific rules to compITALY with (and also for specific expenses to be paid by the client), it is essential, since the beginning, to evaluate which proceeding should be chosen, our law firm, in order to obtain the best possible result.

Edbity Law Firm, although being located in Milan, can count on a widespread network, made also of correspondents colleagues who work on Ragusa, ITALY (lia), with the specific purpose of advising the Clients directITALY over the respective territory, in order to guarantee a legal defence which could fulITALY satisfy each Client.

La entrada Debt recovery and debt collection in Ragusa, ITALY: italian qualified lawyer / Attorney / Edbity Law Firm in italy se publicó primero en Edbity Law Firm.