Michele Mennoia

Debt recovery, guarantees and enforcement

I assist businesses and private clients in recovering debts, from the formal demand to the payment order (decreto ingiuntivo), through to attachment and the enforcement of guarantees, including against debtors abroad.

I assess the prospects of recovery in light of the debtor’s financial position and the costs of the action.

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What I do

Out-of-court recovery
Formal demands, negotiations and repayment arrangements, with an assessment of the guarantees securing payment.
Payment orders
Applications for Italian payment orders (decreto ingiuntivo) and representation in proceedings to challenge them, acting for both creditors and debtors.
Attachments and enforcement
Garnishment proceedings, attachment of movable property and real estate, and conduct of enforcement proceedings.
Guarantees
Enforcement and challenges involving guarantees and security interests, including suretyships, independent guarantees, pledges and mortgages.
Preserving assets for recovery
Clawback actions and interim measures against those who try to remove their assets from the reach of creditors.
Claims abroad
Recovery against foreign debtors and recognition of decisions, in coordination with local lawyers.

My approach

Before proceeding, I check, on the basis of the information available, the debtor’s solvency and the assets against which action can be taken. On that basis I compare the court options and the scope for agreement.

Selected matters

  • Debt recovery and insolvency

    Acting for a company in recovering trade receivables through payment order proceedings and subsequent garnishment proceedings.

  • Debt recovery and insolvency

    Acting for a mortgage creditor in filing a proof of claim in insolvency proceedings and protecting the ranking of the claim.

  • Debt recovery and insolvency

    Acting for a business in negotiating repayment arrangements with debtors in financial distress.

  • Insurance and civil liability

    Acting for a business in a dispute over whether an insurance policy responded to damage alleged during the performance of works.

All selected matters

From my profile

I have acted for creditors in recovering significant sums and in enforcement proceedings, in protecting claims secured by mortgages and in dealings with distressed companies.

Read the full profile

Frequently asked questions

How long does it take to obtain a payment order?

The timescale depends on the court, the completeness of the documents and the nature of the claim. I assess the grounds for seeking a payment order and, where available, provisional enforcement. Obtaining an order and actually recovering the debt are separate stages.

I have received a payment order: can I challenge it?

The challenge must be brought within the applicable time limit, as a rule forty days from service. The order and its service should be checked immediately, also to assess any urgent steps. The relevant dates should be stated from the first contact; I will explain how to send the documents and will assess the grounds for challenge and the scope for agreement.

Can a debt be recovered from a debtor abroad?

Yes. The tools available depend on the country, the contract and where the debtor’s assets are located. I assess the competent court, any applicable European procedures and the need to have a decision recognised or enforced abroad. When necessary, I coordinate the work with local lawyers, maintaining a direct relationship with the client.

Request an initial consultation

To raise a matter or request a confidential initial consultation, you can contact the practice.