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IT/EN/ES
Civil Practice

Debtor protection
vs. debt-collection
agencies

Verification, negotiation and opposition to the claims of debt-collection agencies, with tools to halt or renegotiate exposures.

Home/Practice Areas/Debtor protection vs. debt-collection agencies
Case Types and Services

The matters we handle

We act in defence of the debtor at every stage, from the initial out-of-court demand through to enforcement proceedings.

Verification of the legitimacy of the claim

Analysis of the actual ownership of the claim by the company seeking payment — including verification of the chain of assignments — and assessment of any statute of limitations that may have run, whose terms vary depending on the nature of the underlying relationship.

Review of interest and anatocism

Check for the application of usurious interest, prohibited anatocism (compound interest) and undisclosed charges. Recalculation of the debit-credit balance through a technical-accounting expert report, often with results that significantly reduce or eliminate the claim.

Management of contacts with the debt-collection agency

Direct assumption of communications with the debt-collection agency, in order to stop intrusive contacts toward the debtor and his or her family and to bring the dialogue back to a technical and documentary footing.

Opposition to unlawful demands and aggressive practices

Formal challenge of unfounded demands and unfair commercial practices, with reports to the competent authorities in cases of breach of consumer-protection and privacy legislation.

Settlement and discharge negotiation

Negotiation with the creditor company for the definitive closure of the position upon payment of a percentage of the original amount. The agreement is formalised in writing, with a full release and receipt.

Drafting of sustainable repayment plans

Design of instalment repayment plans calibrated to the debtor's actual financial capacity, with clear payment arrangements and clauses that prevent the automatic forfeiture of the benefit of the term.

Halting enforcement actions

Timely intervention to prevent or stop enforcement actions — writ of execution, garnishment — through challenges, settlement agreements and, where the conditions are met, applications for suspension.

Opposition to injunction orders

Filing of the notice of opposition within the 40-day term provided by art. 645 of the Italian Code of Civil Procedure, contesting both the an and the quantum of the claim and seeking suspension of provisional enforceability where granted.

Suspension of garnishments

Assistance in enforcement proceedings against movable property, against third parties and against real estate: oppositions to enforcement and to enforcement actions, applications to convert the garnishment, requests for suspension and management of the one-fifth deduction on salary or pension.

Contact

Received a payment demand or a garnishment?

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