Debt Collection Agency in San Marino - No Win, No Fee
Your trusted debt collection agency in San Marino, ensuring swift, reliable receivables recovery. Gain insights on local debt practices through our comprehensive guide - no upfront fees required.
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Why Choose Debitura for Debt Collection in San Marino
Fast, simple and risk-free debt collection in San Marino
Debitura recovers unpaid invoices from debtors in San Marino through our platform: submit your claim, and we assign it to a licensed partner working on a No Cure, No Pay basis while you track progress in real time. Your case is handled by Etika Consulting, a Stabio-based debt collection agency established in 2016 and a member of Inkasso Suisse and ASECAP.
- Risk-free: Pay only when we recover your money.
- Quick setup: Submit invoices in a few clicks.
- Real-time tracking: Monitor progress live in one portal.
- Dedicated partner: A licensed collection agency handles the case on your behalf.
Getting started is simple
- Create your free Debitura account and submit your San Marino claim with invoice details.
- Etika Consulting reviews your claim and contacts your debtor.
- Track real-time progress in your dashboard. Pay only when funds are recovered.
Prefer automation? Connect your ERP or accounting software to submit claims automatically.
Transparent, success-based pricing
With Debitura you only pay when we succeed. Pre-legal collection is No Cure, No Pay: a success fee deducted from recovered amounts, invoiced locally by your partner. Fees depend on the debtor's country, not yours.
- Debtors in Europe (EU, Iceland, Liechtenstein, Norway, the UK and Switzerland): success fees from 6% depending on claim size.
- Debtors in the rest of the world: success fees from 7.5% depending on claim size.
- Older claims: a surcharge applies for claims 12–24 months overdue and for claims older than 24 months.
- Legal action is optional: you approve fixed-price quotes before any legal spend.
See the pricing page for the full fee schedule, or get an instant estimate when you upload a claim.
How does debt collection work in San Marino?
Your claim in San Marino is handled by Etika Consulting, Debitura's licensed local partner. Etika contacts the debtor directly, using calls, letters and negotiation, before any court step is considered. Court action and enforcement follow only if amicable contact fails to produce payment, and only with your approval at each stage. There is no upfront fee for this amicable phase.
- Submit your claim in 2 minutes
- Local action from a licensed partner
- No Cure No Pay, no upfront cost
- You approve every escalation step
- Track progress and get paid
The four steps from unpaid invoice to recovered cash
- Amicable collection. Local calls, letters and negotiation with the debtor. Most claims that can be resolved without a court are settled at this stage.
- Enforceable title. If the debtor still does not pay, we help you obtain a court order or use a qualifying document, such as a protested bill or a notarial deed, so the claim can be enforced.
- Enforcement. The Giudice dell'Esecuzione (enforcement judge), assisted by the Cursore (enforcement officer), seizes and sells the debtor's assets to satisfy the debt.
- Insolvency. If the debtor is insolvent, your claim is registered in the insolvency proceeding alongside the debtor's other creditors.
The full guide below covers each step in detail, the courts and laws involved, and what it costs to collect a debt in San Marino.
Debt collection in San Marino - the complete 2026 guide
This guide explains how debt collection works in San Marino: the courts, the governing law, the four-step recovery process and what it costs. It is written for creditors, in-house counsel and finance teams deciding how to recover an unpaid debt in San Marino.
Why you can trust this guide
At Debitura, we uphold the highest standards of impartiality and precision to bring you comprehensive guides on international debt collection. Our editorial team boasts over a decade of specialized experience in this domain.
Questions or feedback? Email us at contact@debitura.com , we update this guide based on your input.
Debitura By the Numbers:
- 10+ years focused on international debt collection
- 100+ local attorneys in our partner network
- $100M+ recovered for clients in the last 18 months
- 4.9/5 average rating from 621 reviews
Expert-led, locally validated
Written by Lars Holdgaard, Founder of Debitura (+10 years in global B2B debt recovery). Every page is reviewed by top local attorneys to ensure legal accuracy and practical steps you can use.
Contributing local experts:
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Debt collection in San Marino - quick answers
How long does debt collection take in San Marino?
Most undisputed claims settle within a few months through amicable contact. For claims evidenced by a protested bill of exchange, a dishonoured cheque, a loan or suretyship contract, or a liquidated professional fee, San Marino's documentary summary procedure (procedura sommaria documentale) offers an accelerated route to an enforceable title, faster than ordinary litigation, unless the debtor formally opposes it.
What does it cost to collect a debt in San Marino?
Debitura's amicable collection runs on No Cure No Pay, so there is no upfront cost (see the fees section below for our fee model). San Marino keeps a consolidated court-fee text (imposte giudiziali), confirming that judicial taxes exist, but its fee schedule was not extracted for this guide, so no specific court-fee figure is stated here.
What is the limitation period for a debt claim in San Marino?
San Marino has no modern consolidated Civil Code; its civil-law foundation is the Leges Statutae (a 1600 statutory compilation), with ius commune and custom expressly preserved as residual sources by statute. A specific, current general limitation period for civil or commercial debt claims could not be confirmed from an official source in this research pass, so none is stated here as fact. Confirm the applicable limitation position with Sammarinese counsel.
Which court hears a debt claim in San Marino?
Ordinary civil claims go to the Commissario della Legge (or, for lower-value causes, the Giudice Conciliatore) at first instance. Appeals go to the Giudice d'Appello within 30 days of notification, and a third tier, the Terza Istanza, exists for both civil and criminal matters.
Who enforces a debt judgment in San Marino?
The same judge who issued the first-instance judgment, sitting as Giudice dell'Esecuzione (enforcement judge), oversees enforcement, with seizures carried out by the Cursore (a judicial enforcement officer).
| Item | Position |
|---|---|
| Appeal term | 30 days from notification of the first-instance judgment |
| Enforcement authority | Giudice dell'Esecuzione, assisted by the Cursore |
| Direct-assignment threshold | Seized assets worth EUR 50,000 or less can be assigned to the creditor without auction |
| Insolvency claims-lodging term | 90 days (Legge 55/1994, Art. 14) |
Who does what in San Marino debt collection?
Debt collection agency (Etika Consulting)
Etika Consulting, Debitura's licensed partner, runs the amicable phase: tracing the debtor, sending demand letters, calling and negotiating a payment plan. Etika works on No Cure No Pay and does not need a court judgment to start contacting a debtor.
Courts
San Marino's judiciary is largely single-judge (monocratic): the Commissario della Legge (or the Giudice Conciliatore for lower-value causes) decides at first instance, the Giudice d'Appello decides appeals, and the Terza Istanza is the final tier for both civil and criminal matters. Because San Marino's domestic legal market is small, external-track judges are recruited by open competition, requiring a minimum of 8 years' experience abroad for the Commissario della Legge and 15 years for the Giudice d'Appello.
Giudice dell'Esecuzione and the Cursore
The same judge who issued the first-instance judgment sits as Giudice dell'Esecuzione (enforcement judge). Physical seizure is carried out by the Cursore, a judicial enforcement officer, assisted where necessary by the Forza Pubblica, with a Custode appointed to hold seized goods.
Banca Centrale (BCSM) and the Servizio Esattoria Unica
The Banca Centrale della Repubblica di San Marino (BCSM) has run the State's unified collection service, the Servizio Esattoria Unica, since 1 November 2004, and creditors can use it to obtain a debtor asset-disclosure report. BCSM also publishes quarterly anti-usury ceilings, but no dedicated conduct regime specifically for third-party debt-collection agencies was confirmed on its site.
Debitura's advantage: one contract and one dashboard connect you to Etika Consulting for the amicable phase and, if needed, to litigation and enforcement counsel for the court and enforcement stages, without you having to manage separate local relationships.
Which laws and courts apply to debt collection in San Marino?
Civil court system
San Marino's judicial system rests on Legge Costituzionale 7 dicembre 2021 n.1. It is largely single-judge (monocratic), with no hierarchy among judicial bodies except by function: the Commissario della Legge (or the Giudice Conciliatore for lower-value causes) decides civil matters at first instance, the Giudice d'Appello decides appeals within a 30-day peremptory term, and a Terza Istanza exists as a third tier for both civil and criminal matters. The Consiglio Giudiziario, chaired by the Capitani Reggenti with four lay and four magistrate members, handles judicial recruitment and discipline.
Key legislation
San Marino has no modern consolidated Civil Code. Its civil-law foundation is the Leges Statutae (1600), with ius commune and custom expressly preserved as residual sources by Art. 33 of Legge 17 giugno 1994 n.55, the modern statute governing civil and criminal procedure (coordinated text current to 12 agosto 2024). Enforceable titles and enforcement mechanics sit in the same law's Articles 15-ter onward.
Consumer and data protection
The Banca Centrale della Repubblica di San Marino (BCSM) supervises banks and financial companies under Legge 165/2005, including anti-money-laundering rules and quarterly anti-usury ceilings (tassi soglia) under Regolamento BCSM n.2014-02. No dedicated conduct regime specifically for third-party debt-collection agencies was confirmed, so this guide does not assert one.
Step 1 - How does amicable (pre-legal) debt collection work in San Marino?
Etika Consulting traces the debtor, sends a written demand and opens direct negotiation, aiming for full payment or an instalment plan without going to court. Contact is made by phone, letter and, where appropriate, in-person negotiation.
| Day | Action |
|---|---|
| Day 0-7 | Case reviewed, debtor traced, first demand letter sent |
| Day 7-30 | Follow-up calls and negotiation; payment plan offered where appropriate |
| Day 30-90 | Further demands; if there is still no payment or agreement, escalation to court is discussed with you |
Escalation happens only with your approval. If your claim is evidenced by a protested bill of exchange, a dishonoured cheque, a loan or suretyship contract, or a liquidated professional fee, San Marino's documentary summary procedure (procedura sommaria documentale) can move faster than ordinary litigation, unless the debtor formally opposes it.
Step 2 - How do you obtain an enforceable title in San Marino?
San Marino offers two main paths to an enforceable title (titolo esecutivo). The ordinary route: a civil claim before the Commissario della Legge (or the Giudice Conciliatore for lower-value causes), leading to a judgment. An appeal against a money judgment does not automatically suspend its enforceability unless the Giudice d'Appello expressly grants suspension, and the peremptory appeal term is 30 days from notification.
The accelerated route: the documentary summary procedure (procedura sommaria documentale, Leges Statutae Libro II Rubrica VII, extended by Art. 1 of Legge 55/1994), available where the claim is evidenced by a protested bill of exchange, a dishonoured cheque, a loan or suretyship contract, a liquidated professional fee, or a certified accounting extract. If the debtor opposes it, the matter converts into an ordinary cognitive process.
Enforceable titles
Under Article 15-ter of Legge 55/1994, enforceable titles include judgments and orders carrying executive force, plus, for certain, liquid and due monetary claims, protested bills of exchange or cheques and notarial or other authorized-official deeds. Every enforceable title must carry a "formula esecutiva" issued by the Tribunal Clerk, a notary, or an authorized official.
More on court proceedings in San Marino
Appeals and the third tier
Beyond the Giudice d'Appello, a Terza Istanza (Third Instance) exists for both civil and criminal matters. San Marino's small domestic legal market means higher judicial posts, including appellate ones, are recruited by open competitive tender (bando), often from candidates with substantial legal experience abroad.
Step 3 - How does debt enforcement work in San Marino?
Once an enforceable title exists, the same judge who issued the first-instance judgment (the Commissario della Legge or the Giudice Conciliatore) sits as Giudice dell'Esecuzione and oversees enforcement over both movable and immovable assets.
Enforcement methods
Physical seizure is carried out by the Cursore, a judicial enforcement officer, assisted where necessary by the Forza Pubblica, with a Custode appointed to hold seized goods. A creditor holding an enforceable title can also apply, via the Commissario della Legge, for an asset-disclosure report from BCSM's Servizio di Esattoria, covering the debtor's pensions, registered real property, registered movable property, company holdings and employment relationships.
Sale of seized assets
Seized assets are sold through a three-candle public auction, across up to three rounds at 100%, then 80%, then 60% of appraised value; if the seized assets are worth EUR 50,000 or less, the judge can order direct assignment to the creditor without an auction.
Protected assets
Certain assets cannot be seized: tools needed for the debtor's trade or profession, necessary agricultural equipment, necessary beds and clothing, alimony credits, pensions beyond one-fifth of their value, life-insurance proceeds, and, where enforcement runs through the Servizio di Esattoria, sacred objects, the wedding ring, and basic kitchen and heating appliances.
Step 4 - How do insolvency procedures affect debt recovery in San Marino?
San Marino's base insolvency statute is Legge 15 novembre 1917 n.17, governing the "procedure concorsuali" (collective proceedings). No modern consolidated bankruptcy code was found in either the official English legislative archive or the Italian coordinated-text index, so this guide describes the confirmed mechanics rather than a full modern code.
The creditor process
Creditors must lodge their claim in the passive mass within 90 days, a deadline set by Article 14 of Legge 55/1994. San Marino's principal companies and financial-services statute, Legge 17 novembre 2005 n.165, also governs banking, financial and insurance undertakings, but its specific insolvency or liquidation provisions could not be confirmed from the sources reached in this research pass, so this guide does not state a creditor-priority ranking or discharge rule for San Marino.
We recommend confirming the current claims-lodging procedure, priority ranking and any discharge provision directly with Sammarinese counsel or the appointed insolvency official once a case is identified.
Fees, interest and who pays what in San Marino
Our fee: pre-legal collection in San Marino runs on No Cure, No Pay, a success fee deducted only from what is recovered. See our pricing page for current rates, or get an instant estimate when you upload a claim.
Court and enforcement fees
San Marino keeps a consolidated text on judicial taxes (imposte giudiziali), confirming that a court-fee regime exists; its substantive fee schedule was not extracted for this guide, so no specific figure is stated here.
Interest and usury limits
The Banca Centrale della Repubblica di San Marino (BCSM) publishes quarterly anti-usury ceilings (tassi soglia) under Regolamento BCSM n.2014-02: for the quarter checked, the personal-credit ceiling was 17.07% for loans up to EUR 15,000 and 13.48% above that, with a system-wide weighted-average default-interest surcharge of 2.49 percentage points. These are maximum lawful rates, not a statutory default-interest figure for ordinary civil debts, which this guide could not separately verify.
Who pays what
You keep what Etika Consulting recovers after the agreed success fee; any statutory court or enforcement costs that do arise are a separate item from Debitura's fee.
Cross-border debt collection in San Marino
San Marino is not an EU or EEA member state, so EU cross-border instruments such as the European Payment Order and the European Small Claims Procedure do not apply directly. San Marino and the EU concluded negotiations on an Association Agreement on 12 December 2023, with the legal texts finalized on 7 May 2024 and the European Commission adopting proposals for signature and provisional application on 26 April 2024; the sources reached in this research pass did not confirm whether the Agreement has since entered into force.
This guide could not confirm a bilateral Italy-San Marino civil-judicial-cooperation instrument covering service of documents or recognition and enforcement of judgments, so none is asserted here. A foreign creditor collecting a Sammarinese debt uses the same domestic route described above: amicable contact, then a San Marino court judgment or a qualifying accelerated-procedure document, then enforcement by the Giudice dell'Esecuzione.
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Frequently Asked Questions
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