{"id":6782,"date":"2026-09-23T18:38:50","date_gmt":"2026-09-23T18:38:50","guid":{"rendered":"https:\/\/www.studiobarnaba.it\/faq\/"},"modified":"2026-10-17T18:31:16","modified_gmt":"2026-10-17T18:31:16","slug":"faq","status":"publish","type":"page","link":"https:\/\/www.studiobarnaba.it\/en\/faq\/","title":{"rendered":"FAQ"},"content":{"rendered":"
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FAQ\n
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\n \n \n Consultations with the Firm<\/span>\n
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\n \n \n How does the first consultation work?<\/span>\n
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The first meeting serves to frame the matter in legal terms: listening, a preliminary review of the documents and an assessment of the possible scenarios. It is a technical, confidential and structured meeting, at the end of which you decide whether and how to proceed.<\/p>\n

The consultation can take place:<\/p>\n

\u2013 in person, at one of the offices in Bari, Casamassima and Gioia del Colle;<\/p>\n

\u2013 remotely, by video conference;<\/p>\n

\u2013 by telephone, in particular or urgent cases.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n How long does the consultation last?<\/span>\n
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About 60 minutes; 30\u201345 minutes by telephone.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n Is the first consultation free of charge?<\/span>\n
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No. The first consultation is a professional service in every respect (review of the documents, legal assessment, evaluation of scenarios) and as such is paid. The amount is communicated before the appointment is confirmed.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n How is payment made?<\/span>\n
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Nothing is paid when you request a booking. The consultation fee and payment methods are communicated in writing with the confirmation of the appointment; the fee is paid once the consultation has taken place.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n Does the cost of the consultation include drafting documents or letters?<\/span>\n
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No. The consultation covers the initial analysis and technical discussion. Formal notices, letters, written opinions and court documents are quoted separately and require an engagement.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n If I give you the engagement, is the cost of the consultation deducted?<\/span>\n
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Yes: if you subsequently give an engagement, the amount paid for the consultation can be credited on account against the fee.<\/p>\n

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\n \n \n What is the difference between a consultation and an engagement?<\/span>\n
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A consultation provides technical and legal guidance: it does not include handling the matter or the further analysis that complex cases require. An engagement, by contrast, covers the handling of the work, out of court or in court, and has its own timescales and costs.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n What happens after the consultation?<\/span>\n
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At the end you receive clear guidance on the next steps. If you decide to proceed, the Firm prepares a written quote setting out the work to be done, the expected timescales and the financial terms. The engagement is deemed given only after formal acceptance of the quote.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n Can the Firm guarantee the outcome of the matter?<\/span>\n
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No, and no professional can. The outcome also depends on factors beyond the lawyer\u2019s control: the documents available, the conduct of the other party, the decision of the court. The Firm guarantees diligence, competence and a transparent assessment of the risks, even when the most useful answer is to advise against taking action.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n Which documents should I bring to the first meeting?<\/span>\n
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The main documents relating to the matter: documents received (letters, tax collection notices, official reports, court orders, seizure notices), contracts, correspondence, payment receipts. For a remote consultation it is best to send them before the appointment, using the booking form.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n How quickly will I receive a reply after sending the contact form?<\/span>\n
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Except in urgent cases, the Firm normally replies within one working day, confirming the appointment (date, time and format). Any documents sent are examined according to their complexity and the current workload.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n Does the Firm handle matters outside the province or entirely remotely?<\/span>\n
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Yes. The Firm assists clients from all over Italy: consultation and case management can take place entirely at a distance, with documents and deeds sent and signed digitally.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n How does the online consultation work?<\/span>\n
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On a secure video-conferencing platform, with no special installation needed. Connection instructions are sent with the confirmation of the appointment.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n Does the information I provide remain confidential?<\/span>\n
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Yes. Information and documents shared are covered by professional secrecy and processed in compliance with data protection law (GDPR), as set out in the website\u2019s privacy policy.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n Tax collection notices, debts and seizures<\/span>\n
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\n \n \n I have received a tax collection notice that I believe is unfair: what should I do? <\/span>\n
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Do not ignore it. The time limits for challenging it are short and vary according to the type of claim. The Firm examines the notice and the notifications that preceded it, checks for formal and substantive defects, including limitation, and assesses, depending on the case, an appeal, a request for suspension or a request for annulment by the issuing authority itself (autotutela).<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n Can a tax collection notice contain errors?<\/span>\n
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Yes. Duplicated amounts, sums already paid or already cancelled, penalties and interest not due, and time-barred claims are not uncommon. Depending on the case, you can ask the creditor body to cancel the notice or challenge it before the competent court, within the time limits.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n What happens if I do not pay a tax collection notice?<\/span>\n
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If the notice is not challenged, the collection agent can begin enforced recovery: administrative detention of vehicles, a charge on property, seizure of salary, pension, bank account or other assets. Vehicle detention and the charge on property are preceded by advance notice.<\/p>\n

Before such measures are taken, it is possible to consider payment by instalments, any settlement schemes in force or, if the debts are no longer sustainable, an over-indebtedness procedure.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n A debt collection agency is asking me to pay: what should I do?<\/span>\n
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First of all, check who the actual creditor is (the debt has often been assigned), whether the amount is correct and whether the debt is time-barred. Out-of-court collection does not in itself allow any seizure: to seize assets, the creditor must hold an enforceable title, such as a payment injunction, a judgment or, in some cases, a contract drawn up by a notary.<\/p>\n

It is best not to sign any statements or make partial payments before this check, because they may count as an acknowledgement of the debt and restart the limitation period.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

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It depends on the defect and on when you take action:<\/p>\n

\u2013 before the seizure is carried out, it can be avoided by paying the bailiff the amount claimed, plus costs;<\/p>\n

\u2013 the creditor\u2019s right to proceed can be challenged, for example because the debt has been paid, is time-barred or does not exist;<\/p>\n

\u2013 formal defects in the acts of the procedure can be challenged;<\/p>\n

\u2013 the sale can be avoided by applying for the conversion of the seizure or, in the case of over-indebtedness, by obtaining a stay of enforcement within a procedure.<\/p>\n

Acting promptly is decisive.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n How much can be seized from a salary of 800 euros?<\/span>\n
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There is no minimum exempt threshold on salaries. An ordinary creditor (bank, finance company, private individual) can seize up to one fifth of the net salary, i.e. 160 euros a month; the collection agent, for salaries up to 2,500 euros, one tenth, i.e. 80 euros. For maintenance claims the amount is set by the court; where seizures for claims of different kinds overlap, the total cannot exceed half of the salary.<\/p>\n

Pensions are different: the portion equal to twice the social allowance, with a minimum of 1,000 euros (in 2026, about 1,092 euros a month), cannot be seized. A pension of 800 euros therefore cannot be seized by ordinary creditors.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n What can be seized from someone who has little or nothing?<\/span>\n
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The law protects a minimum needed to live. Exempt from seizure are, among other things, essential household goods (beds, tables and chairs, wardrobes, refrigerator, cooker, washing machine, household utensils), the portion of a pension equal to twice the social allowance and, in a bank account, sums from salary or pension credited before the seizure up to three times the social allowance (in 2026, about 1,639 euros). Anything above these limits remains liable to seizure, even if the amount is small.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n For what debts can a home be seized?<\/span>\n
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It depends on the creditor.<\/p>\n

\u2013 The collection agent cannot seize the debtor\u2019s only property if it is used as a home, the debtor is registered as resident there and it is not a luxury property. In other cases it can proceed only if the debt exceeds 120,000 euros, after registering a charge and allowing at least six months to pass.<\/p>\n

\u2013 Banks, finance companies and other private creditors are not subject to these limits: with an enforceable title they can seize even a first home, whatever the amount.<\/p>\n

In a seizure brought by private creditors, it is possible to ask the court, before it orders the sale, to convert the seizure, and thus avoid the sale.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n Does the Firm negotiate with creditors before legal action?<\/span>\n
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Yes. It is often useful to open technical negotiations for a reduced lump-sum settlement, a payment extension or an out-of-court agreement, including as an alternative to, or in preparation for, an over-indebtedness procedure. The Firm prepares the proposals and handles contacts with creditors.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n Over-indebtedness<\/span>\n
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\n \n \n What is over-indebtedness?<\/span>\n
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It is the situation of someone who can no longer, or foreseeably will soon be unable to, pay their debts regularly with the resources available to them. You do not need to be without assets: what matters is the imbalance between debts and the ability to meet them. The Italian Business Crisis and Insolvency Code provides specific procedures to reduce or restructure debts under the supervision of the court.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

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Small businesses, consumers, professionals, entrepreneurs below the statutory thresholds (so-called minor entrepreneurs), agricultural entrepreneurs, innovative start-ups and, subject to the appropriate checks, those who have ceased a business activity.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n Who cannot access them?<\/span>\n
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\u2013 businesses exceeding the statutory thresholds, which are subject to the ordinary procedures;<\/p>\n

\u2013 those who have already obtained a discharge from their debts in the previous five years, or twice;<\/p>\n

\u2013 in consumer debt restructuring, those who caused their own over-indebtedness through gross negligence, bad faith or fraud;<\/p>\n

\u2013 in the minor composition with creditors (concordato minore), those who have committed acts in fraud of creditors.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n Can tax collection notices and tax debts be included?<\/span>\n
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Yes. Taxes, social security contributions and collection notices can be included and, under certain conditions, paid only in part. In the minor composition with creditors, the court can approve the proposal even without the consent of the tax authorities or social security bodies, where their consent is decisive and the proposal is more advantageous for them than liquidation.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n Is it possible to keep the family home?<\/span>\n
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In some cases, yes. In consumer debt restructuring and in the minor composition with creditors, the plan may provide for regular payment of the mortgage instalments on the main home, if at the date of the application the debtor is up to date with payments or the court authorises the debtor to pay the arrears; in the minor composition, further checks by the OCC (the crisis settlement body) are required to protect the other creditors. In controlled liquidation, by contrast, all assets, including the home, are as a rule sold.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n Does the procedure stop seizures and actions by creditors?<\/span>\n
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Yes, under certain conditions. On request, the court can suspend or prohibit enforcement actions that would prejudice the procedure. At the end, the procedure allows you to be released from unpaid debts and make a fresh start.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n And if I have neither income nor assets?<\/span>\n
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A deserving individual who can offer nothing to creditors can obtain, once in a lifetime, the cancellation of their debts (discharge of the debtor without means). Deserving means, in short, not having caused the over-indebtedness through gross negligence, bad faith or fraud. If significant resources become available in the following years, the debtor must allocate part of them to creditors.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n What is the difference between a reduced settlement (saldo e stralcio) and an over-indebtedness procedure?<\/span>\n
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A reduced settlement is an agreement with a single creditor, who accepts a reduced payment, often as a lump sum: if the creditor does not agree, it cannot be imposed. Over-indebtedness procedures, by contrast, allow all debts to be dealt with together, under certain conditions and under the supervision of the court, and make the reduction binding even on dissenting creditors.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n How can I tell whether the procedure is right for my case?<\/span>\n
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The first step is a preliminary assessment of eligibility, appropriateness and feasibility. For this purpose the Firm offers the debtor interview: a structured technical meeting that reconstructs debts, income, assets and the origin of the indebtedness, in order to establish whether the legal requirements are met, which procedure is most suitable and what the realistic prospects are.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n How much does it cost?<\/span>\n
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It depends on the number of creditors, the size of the debts, the documents available and the procedure chosen. The cost includes the lawyer\u2019s fee and that of the OCC, both set according to statutory parameters, and out-of-pocket expenses. The Firm provides a written quote after the preliminary assessment.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n Banking and financial litigation<\/span>\n
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\n \n \n Can interest and charges on a mortgage or loan be challenged?<\/span>\n
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Yes, where the conditions are met: usurious rates, interest not agreed in writing or stated vaguely, an incorrect APR, unlawful capitalisation of interest, fees and insurance policies not due. Not every challenge is well founded, however: recent case law, for example, has ruled that a \u201cFrench-style\u201d amortisation schedule is not unlawful in itself. The Firm examines the contract and the history of the relationship, with a technical expert if necessary, before advising any action.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n I have received a payment injunction from a bank: can I defend myself?<\/span>\n
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Yes, by filing an opposition within 40 days of service: once that time limit has expired, the injunction becomes final. The Firm examines the documents on which the injunction is based and, if there are sound grounds, prepares the opposition. For consumers, case law in some cases allows the unfairness of contract terms to be raised even after the time limit has expired.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n I signed a personal guarantee: do I have to pay even if the debt is not mine?<\/span>\n
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As a rule, yes: the guarantor is liable together with the principal debtor and the bank can turn directly to the guarantor. Not all guarantees, however, are fully valid. Many reproduce a standard form held to be partly contrary to competition law. The Firm assesses the scope for resisting the demand or reducing the exposure.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n I have been reported to CRIF or the Central Credit Register: can I have the report removed?<\/span>\n
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If the report is wrong, out of date or was not preceded by the required advance notice, you can ask the lender and the database operator to correct or delete it and, in more serious cases, take legal action, including urgent proceedings, or turn to the Italian Data Protection Authority or the Banking and Financial Ombudsman (Arbitro Bancario Finanziario). If, on the other hand, the report is correct, it remains visible for the periods laid down by the applicable rules, which vary according to the seriousness of the delay and whether it has been regularised.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n I paid off a loan early: am I entitled to a refund?<\/span>\n
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A consumer who repays a loan early is entitled to a reduction in the total cost of the credit, equal to the interest and costs relating to the remaining term of the contract. <\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n Accidents, compensation and the Highway Code<\/span>\n
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\n \n \n Does the Firm deal with road accidents and medical liability?<\/span>\n
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Yes. The Firm assists in cases of damage from road accidents, medical liability and healthcare failures.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n Who pays for the damage in a road accident?<\/span>\n
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In accidents between two identified vehicles insured in Italy, the party who is not at fault, or only partly at fault, generally claims compensation from their own insurer. If the party responsible is not insured or not identified, compensation can be obtained from the Guarantee Fund for Road Accident Victims, within the limits set by law.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n The insurer has refused or reduced compensation: what can I do?<\/span>\n
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The Firm examines the accident documents (joint accident report, police reports, medical reports and certificates, expert assessments) and assesses liability and damage. The insurer must respond to the claim within set time limits, from 30 to 90 days depending on the type of damage; once these have passed, or in the event of an unjustified refusal, legal action can be taken, after the mandatory attempt at assisted negotiation between lawyers. The right to compensation is generally time-barred after two years.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n When does the insurance not pay?<\/span>\n
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If the vehicle of the party responsible is not insured, for example because the policy expired more than 15 days earlier, the injured party can turn to the Guarantee Fund for Road Accident Victims. In other cases the insurer compensates the injured party but can then seek recovery from its own policyholder: for example, where the policy provides for it, for driving under the influence of alcohol or drugs. <\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n How and when is it worth appealing against a fine?<\/span>\n
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There are two alternative routes:<\/p>\n

\u2013 an appeal to the Prefect, within 60 days of service or of the notice being issued: it is free, but if it is rejected the penalty is as a rule at least doubled compared with the minimum;<\/p>\n

\u2013 an appeal to the Justice of the Peace for the place of the offence, within 30 days: it requires payment of the court fee (contributo unificato); dismissal does not double the penalty, but legal costs may be awarded.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n What are the grounds for cancelling a fine?<\/span>\n
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The most common are formal or procedural defects (late service, errors in the vehicle or offender details, failure to state why the offence was not contested on the spot) and irregularities in the detection, such as the lack of periodic calibration or inadequate signposting of the speed camera. Every notice must be examined in detail: not every defect leads to cancellation.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n Contracts for businesses and professionals<\/span>\n
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\n \n \n Does the Firm draft contracts for businesses and professionals?<\/span>\n
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Yes. The Firm drafts tailor-made contracts (for works and services, consultancy, procurement, supply, leases, commercial agreements and settlements) with the aim of clarifying obligations and liabilities and preventing disputes.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

\n \n \n Can a contract be reviewed before signing?<\/span>\n
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Yes. The Firm reviews contracts drawn up by others, at short notice if needed, highlights unbalanced or risky clauses and indicates the changes to negotiate before signing.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n<\/div>","protected":false},"excerpt":{"rendered":"

FAQ (Frequently asked questions) La consulenza con lo Studio Come si svolge la […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"page-templates\/full-width-page.php","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"footnotes":""},"class_list":["post-6782","page","type-page","status-publish","hentry"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t