Wanting advice for bringing small claim in Italy Thread poster: Wendy Cummings
|
|---|
Wendy Cummings 
United Kingdom
Local time: 12:33
Spanish to English
+ ...
I am in the unfortunate situation where I wish to bring a claim against a client in Italy for non-payment of invoices. I am owed over €2000 for work completed over 1 year ago.
I have given them written warning of my intentions and attempted to contact them on numerous occasions, but have not heard from them since January.
I have looked at the European Justice Portal for information about the small claims procedure, and unfortunately it is not as simple as in UK.
... See more I am in the unfortunate situation where I wish to bring a claim against a client in Italy for non-payment of invoices. I am owed over €2000 for work completed over 1 year ago.
I have given them written warning of my intentions and attempted to contact them on numerous occasions, but have not heard from them since January.
I have looked at the European Justice Portal for information about the small claims procedure, and unfortunately it is not as simple as in UK.
Has anyone attempted this before, and can you please offer any advice?
Many thanks. ▲ Collapse
| | | |
Emanuele Vacca
Italy
Local time: 13:33
Member (2020)
English to Italian
| Threatening legal action | Jun 30, 2023 |
Have you tried to threaten legal action? I heard clients often pay just because of the threat, even if you don't start any formal procedure. You can try to do it by yourself first and then have a lawyer send them a formal letter both by email and by post.
| | | |
Wendy Cummings
United Kingdom
Local time: 12:33
Spanish to English
+ ...
TOPIC STARTER | Legal action has been threatened | Jun 30, 2023 |
Emanuele Vacca wrote:
Have you tried to threaten legal action? I heard clients often pay just because of the threat, even if you don't start any formal procedure. You can try to do it by yourself first and then have a lawyer send them a formal letter both by email and by post.
Yes I have, both by email and on the Proz Blue Board on their profile, but they have not responded.
Does the lawyer have to be in Italy?
| | | |
| Collection agency | Jun 30, 2023 |
Have you tried to look for a collection agency in Italy? They will know all the rules, they have more power and resources, and they can help you to get at least some of your money.
| | |
|
|
|
Tom in London
United Kingdom
Local time: 12:33
Member (2008)
Italian to English
| I have a better system - | Jun 30, 2023 |
I have a better system that forces Italian non-payers to pay immediately.
So far, it has always worked.
Please PM me if you want to know more.
[Edited at 2023-06-30 08:58 GMT]
| | | |
Wendy Cummings
United Kingdom
Local time: 12:33
Spanish to English
+ ...
TOPIC STARTER
Marie-France Phaneuf wrote:
Have you tried to look for a collection agency in Italy? They will know all the rules, they have more power and resources, and they can help you to get at least some of your money.
Thanks, I hadn't thought of that and will try it.
| | | |
Wendy Cummings
United Kingdom
Local time: 12:33
Spanish to English
+ ...
TOPIC STARTER
Tom in London wrote:
I have a better system that forces Italian non-payers to pay immediately.
So far, it has always worked.
Please PM me if you want to know more.
[Edited at 2023-06-30 08:58 GMT]
Done
| | | |
I have no experience with Italy, but a solicitor would probably be a good idea if you do go to court.
I had a problem with a US translation agency recently, and the things that seemed to work was to
• tell them that I reserved the right to inform the end clients directly that I still owned the copyright, since it hadn't been paid
• contact someone as high up in the hierarchy as possible.
As this could result in the company losing one or more clients, I t... See more I have no experience with Italy, but a solicitor would probably be a good idea if you do go to court.
I had a problem with a US translation agency recently, and the things that seemed to work was to
• tell them that I reserved the right to inform the end clients directly that I still owned the copyright, since it hadn't been paid
• contact someone as high up in the hierarchy as possible.
As this could result in the company losing one or more clients, I think most companies would take it seriously. You can debate until the end of time if there is a confidentiality clause somewhere that tells you not to do this, but my view is that if they start playing dirty, I'm not going to sit on a bench like a timid schoolboy. I’m going to fetch my sling.
Tom in London has mentioned that he uses an effective method for Italy, but he has never told anyone in public what it is. Maybe he will tell you by direct email.
Edit: I see Tom in London beat me to it while I was writing this.
[Edited at 2023-06-30 09:27 GMT]
[Edited at 2023-06-30 09:36 GMT] ▲ Collapse
| | |
|
|
|
The very few times I had a non-payment issue with an agency that contacted me through Proz, I must say that Proz staff was very helpful. Have you tried this avenue?
| | | |
| I recommend a registered letter | Jun 30, 2023 |
Wendy Cummings wrote: Emanuele Vacca wrote:
Have you tried to threaten legal action? I heard clients often pay just because of the threat, even if you don't start any formal procedure. You can try to do it by yourself first and then have a lawyer send them a formal letter both by email and by post. Yes I have, both by email and on the Proz Blue Board on their profile, but they have not responded. Does the lawyer have to be in Italy?
Send a registered letter (raccomandata con ricevuta di ritorno), in most cases it works, if it does not then yes an Italian lawyer is needed.
| | | |
Wendy Cummings wrote: Tom in London wrote:
I have a better system that forces Italian non-payers to pay immediately.
So far, it has always worked.
Please PM me if you want to know more.
[Edited at 2023-06-30 08:58 GMT] Done
Please please please let us know if it works. Obviously you won’t be able to tell us what it actually involves, we do after all grasp the concept of omertà, but some corroboration of its fabled infallibility would be a blessed relief after all these years of hearing about it.
| | | |
I’ve heard here of cases where the simple fact of preparing an EU Payment Order claim without submitting it to the court (there's a step where you can save the order as a PDF) was enough to make the client pay immediately.
| | | |
Login to reply/comment 
Translation news
