How to use certified e-mail in debt collection

GFI ( certified electronic mail ) has now become an indispensable work tool for lawyers and for all professionals working in the credit management sector. The computerization of the public administration has introduced new telematics services which can only be accessed through a certified e-mail address.

In the field of debt collection, the GFI represents a precious resource that is used for credit management and collection; in addition to being used by lawyers for filing judicial documents in the electronic civil trial, the GFI can also be used by recovery companies to obtain very important advantages.

Here are the 4 most useful and productive methods to use GFI in debt collection

YOU CAN SEND A PAYMENT NOTICE

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Thanks to the GFI you can send a payment notice to the debtor without having to use the postal service. If you have a GFI you can request the payment of the debt through a certified e-mail message. If, on the other hand, you want to notify the formal notice in a more solemn form, you can take advantage of the GFI of your lawyer.

In fact, according to the provisions of the law (Decree Law no. 90/2014, converted with law no. 114/2014), the lawyer can make the notification “on his own”, using his certified e-mail address.

In the event that the debtor is a company or an individual company, you can request the payment of the debt by sending a GFI to the email address visible on the “REGINDE”, or the General Register of Electronic Addresses .

There is also another useful tool for knowing the GFI address of a company or professional: this is the ” INIGFI ” website created by the Ministry of Economic Development. By entering the company VAT number or the professional’s tax code, the system will be able to find the corresponding GFI address.

Otherwise, if the debtor is a natural person, you will not be able to use certified e-mail; in this case you will have to send a warning via the postal service (natural persons are not obliged to have a certified email address)

YOU CAN RECEIVE THE DECLARATION OF QUANTITY OR PLEASE SEND IT TO THE THIRD PARTY

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In case you have promoted an attachment to third parties, you will need the third party declaration to obtain the allocation of the sums. With the quantity declaration, the third party officially informs the creditor if there are debtor claims that can be attached.

However, it often happens that the third party does not send the quantity declaration to the creditor in a timely manner, forcing the latter to delay the registration of the deed of attachment until the last few days (the law provides for very stringent deadlines for the registration in the attachment role).

In these cases I advise you to use the GFI to urge the third party to make the declaration; if you use this tool in the correct way, the ” reminder ” GFI will have extraordinary efficacy since it will greatly increase the chances of receiving the declaration within the term established by law to register the attachment.

YOU CAN REQUEST INFORMATION FOR PENDING REAL ESTATE EXECUTIONS 

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Legal consultants in the NPL ( impaired loans ) sector are well aware that before constituting pending property judgments it is very important to acquire information on the procedure in advance. If you try to recover your credit through the constitution in an already pending real estate judgment, it will be convenient for you to know in advance the amount of credits of the parts already constituted.

Thanks to the consultation of the “PST”, that is the portal of the telematic services of the Ministry of Justice , you will be able to acquire partial information; however with the use of the GFI, you can request clarifications from the lawyers of the already established creditors or from the professional delegated to the sale.

If you use convincing text and present yourself in the right way, you could acquire a lot of valuable information; you will be able to discover the entire course of the judgment and in some cases you will be able to know even the latest listing of the real estate.

YOU CAN FINALIZE THE CONCLUSION OF AN EXTRAJUDICIAL NEGOTIATION 

The GFI can also be used to conclude an extrajudicial negotiation with the counterpart by avoiding to send the transaction deed materially. After reaching the agreement, the parties will be able to use the GFI to exchange the signed deed mutually and settle the dispute out of court.

After receiving the transaction by GFI, you must keep the “acceptance” and “delivery” receipts to keep the proof of completion of the agreement; also in this way you can demonstrate the certain date on which the transaction ended.

In fact, the “acceptance” and “delivery” receipts are automatic messages which are sent directly by the certified e-mail system and cannot be altered; inside each receipt, there is a serial code (expressed in letters and numbers generated by the system) which constitutes proof of message notification.