The extrajudicial activity consists in carrying out actions that have the purpose of recovering a credit without the introduction of a court case.
To find out if you should start an out-of-court action, simply request our free CREDIT service.
Once we have examined the preliminary recovery conditions, we will be able to suggest the best strategy for your case, indicating if it is better for you to start a civil dispute or if on the contrary, you should take extrajudicial action.
We have created a very streamlined and incisive extrajudicial debt recovery process, which is divided into 3 phases:
The first decisive step is to establish contact with the debtor. During our experience, we have found that trying to start a negotiation with the debtor through a telephone approach can often be ineffective. During a working day, a person can receive many calls from commercial call centers that try to acquire new customers.
Over time, the erroneous belief has developed in the mind of the average citizen that even debt collection professionals use the vendor approach techniques through call centers. When the first contact is via a phone call, it is easy for a debtor to associate the activity of commercial call centers with that of debt collection consultants.
The debtor immediately becomes more suspicious and shows aggression very difficult to unhinge. In addition, the number of people answering the phone decreases more and more; individuals use their smartphones to browse social networks or to converse with already known users. In this context, it can be very complex to attract the attention of a debtor through simple telephone contact.
That is why we firmly believe that the first contact with the debtor must take place by sending a letter of formal notice. The warning has far greater persuasive efficacy than a simple phone call and also allows to give a more solemn and formal character to the recovery activity.
In the event of an out-of-court recovery, our team of lawyers will take care of sending a warning to the debtor who intimates him to pay the sum due, and who invites him to settle the dispute as soon as possible.
This contact tool is what allowed us to achieve the best results; we have ascertained that when the formal notice is sent by a law firm, the persuasive effect towards the debtor is far greater.
The negotiation is the most delicate phase of extrajudicial debt recovery and often hides many pitfalls and difficulties. To be able to obtain results in this phase it is important to know our interlocutor well; discovering the weak points of the counterparty can provide advantages during the comparison.
A debt collection professional must be perfectly familiar with both the legal instruments that protect the creditor’s interests and the guarantees that the law reserves for debtors.
Thanks to these tools it is possible to dismantle the disputes raised by the counterpart with great skill and to conduct negotiations towards the planned result. In this way, the debt collection professional guides the debtor towards the resolution of the conflict, transforming the quarrel into a constructive confrontation.
In such a delicate phase it is essential to have the right skills to reach the creditor’s interest. It has happened to us many times to transform complex negotiations into very advantageous transactions for our customers; just as we have noticed that if the negotiation is not managed by competent people, the disputes increase and the credit recovery goes away.
Before starting the negotiation, our lawyers spend a lot of time analyzing the debtor, evaluating his past behavior and the reasons that caused the insolvency. Thanks to a special system of “social media analysis” Legal Recovery studies the behavior of the debtor to find the best contact strategy.
Thanks to the experience of our senior consultants, Legal Recovery has devised an innovative dispute management system; our lawyers can count on a rich digital database that offers suggestions and “case studies” for analyzing and profiling the most frequent behaviors and exceptions. Thanks to these tools it is possible to manage the negotiations in a more profitable way and reach an agreement quickly.
The third and final phase of the extrajudicial debt recovery process is the closing or the definition of the negotiation. Once the negotiation phase is closed, our legal advisors will prepare a transaction deed which will be signed by the customer and the debtor.
During our professional experience, we have verified that defining a transaction by signing an act greatly increases the percentage of credit recovery.
In the absence of a written document, the debtor very often changes his mind and does not respect the obligations assumed during the negotiation phase; on the contrary, if the debtor formally undertakes to sign an agreement, his behavior will tend to be consistent with what was promised during the negotiation phase.
To settle the dispute with the debtor it is not enough to agree on the payment methods, but it is necessary to build an agreement that allows obtaining some advantage even in the event that the debtor does not meet the commitments.
To achieve this we will insert special clauses in the transaction deed that will allow you to further protect your credit. Thanks to these clauses we will be able to put more pressure on the debtor, using the legal instruments that the law offers to support creditors.
Otherwise, in the event that the negotiation ends with a negative outcome, and if there is no possibility of recovering your credit with legal action, we will close the extrajudicial phase by sending you a free final report in which we will declare that your credit it’s beyond reclaimed.
This document could be very useful to you; you can use the irrecoverability declaration to ” de-tax your credit” And get tax benefits that will allow you to pay less tax.
In fact, according to the provisions of the Consolidated Income Tax Act (TUIR – art. 101, paragraph 5), and as confirmed by the Inland Revenue (Circular no. 26 / E of 01.08.2016) it is possible to obtain the “deductibility of credit losses ”, whenever the taxpayer proves that the recovery activity has been unsuccessful.
WHO WILL CARRY OUT THE EXTRAJUDICIAL RECOVERY ACTIVITY?
The extrajudicial recovery activity is carried out only by lawyers registered in the register. We strongly believe that the recovery activity should be carried out exclusively by specialized lawyers in this sector.
Out-of-court negotiations hide many pitfalls; all the tools that can be used with the counterpart must be thoroughly understood.
Before starting any type of negotiation, Legal Recovery will study your case thoroughly to identify the debtor’s weaknesses. Our lawyers can count on numerous technological tools with which they manage litigation quickly and intuitively.
Furthermore, if the negotiation does not end with the planned result, it will be much faster to start legal action. The extrajudicial recovery activity is carried out by the same professional who will take care of initiating the court case; in this way the times for the study of the controversy are drastically reduced, speeding up the recovery activity.