Practical guide to debt collection in Italy

Italian law offers a structured set of remedies that match the strength of the creditor's documentary evidence and the degree to which the debt is contested.

Decreto Ingiuntivo (Payment Order)

This is the primary tool for creditors with written proof. A decreto ingiuntivo can be requested from the competent Italian court when the debt is certain, liquid, and due, and when the creditor can produce supporting documents: signed contracts, invoices, delivery notes, promissory notes, or correspondence acknowledging the debt. The court issues the order without hearing the debtor; the debtor then has 40 days to oppose. If no opposition is filed, the creditor requests a declaration of enforceability and can proceed immediately to execution.

Court jurisdiction over the amount: claims up to €5,000 go to the Giudice di Pace; claims above €5,000 go to the Tribunale (civil court). The Italian Ministry of Justice court locator allows creditors to identify the competent court by territory and value.

European Payment Order (EPO)

For cross-border claims where the debtor is in Italy and the creditor is based in another EU country, the European Payment Order (Regulation EC 1896/2006) provides a uniform and paperless alternative. Filing is done electronically via Form A; if uncontested within 30 days, the order is automatically enforceable in Italy without any additional recognition step.

Ordinary Civil Proceedings

When documentary evidence is insufficient or the debtor is expected to contest, a full civil suit is required. The action is initiated with a summons (atto di citazione), followed by several hearings. In commercial matters before the Tribunale delle Imprese (specialised business court), the process can be faster than general civil lists but still typically takes one to three years to final judgment.

For an uncontested decreto ingiuntivo with solid documentation, a creditor can expect to receive an enforceable title within four to eight weeks of filing. Opposition from the debtor converts the matter into ordinary proceedings, which add one to three years.

Enforcement after obtaining a title varies by debtor type and asset class. Bank garnishment (pignoramento presso terzi) directed at the debtor's bank is often the fastest enforcement lever and can produce results within two to four months. Wage attachment against an employed debtor is similarly efficient. Real estate enforcement takes significantly longer due to mandatory auction procedures.

The CEPEJ European judicial systems report consistently notes that Italian civil proceedings are among the longest in the EU on average, which underscores the value of securing an uncontested title as early as possible.

Yes. There is no restriction on foreign companies initiating proceedings in Italian courts. EU-based creditors can choose between filing the decreto ingiuntivo in Italy and using the European Payment Order. Non-EU creditors can also file directly in Italian courts.

Practical point: all Italian court filings since 2016 are electronic (PCT — Processo Civile Telematico). A creditor without an Italian law firm cannot file directly; an Italian attorney with PCT credentials is mandatory for court-issued procedures.

Ursusnetwork connects foreign creditors with vetted Italian attorneys and manages the full procedure, from the initial demand letter to enforcement, without requiring the creditor to attend hearings.

If enforcement reveals that the debtor has no seizable assets — empty bank accounts, no real estate, no goods in trade — the creditor holds a worthless title. This risk makes pre-litigation solvency checks essential.

When a debtor is insolvent, Italian law provides for:

• Fallimento (bankruptcy proceedings): Creditors file a proof of debt (domanda di ammissione al passivo) in the bankruptcy estate. Recovery depends on available assets and the creditor's ranking (secured vs. unsecured).
• Concordato preventivo (composition with creditors): The debtor proposes a restructuring plan; creditors vote on acceptance. Unsecured foreign creditors typically recover a fraction of the original debt.
• Precautionary seizure (sequestro conservativo): If there is documented risk that the debtor will dispose of assets to evade payment, the creditor can apply for precautionary seizure before a judgment is obtained. This requires demonstrating both the creditor's right (fumus boni iuris) and the urgency (periculum in mora).

Information on Italian companies, their status, and registered assets is available from the Italian Business Register (Registro Imprese), which Ursusnetwork routinely queries as part of pre-action due diligence.

Ursusnetwork is a specialist platform for international commercial debt recovery, active in over 70 countries including Italy. Need help recovering a debt from an Italian company? Get in touch and obtain a free quotation for your case.

Q: Is there a statute of limitations for commercial debts in Italy?

A: The general limitation period for contractual claims in Italy is 10 years (Article 2946 of the Civil Code). However, specific categories of debt carry shorter limitation periods: for example, claims related to the supply of goods or services between merchants may be subject to a five-year period under Article 2948. A formal written demand from a lawyer interrupts the limitation period and resets the clock.

Q: What is mandatory mediation and when does it apply in Italy?

A: Under Legislative Decree 28/2010 (as amended), pre-litigation mediation is mandatory for certain categories, including banking and financial contracts, insurance contracts, leases, and inheritance disputes. For standard unpaid commercial invoices, mediation is not mandatory but may be ordered by the judge during proceedings. Skipping mandatory mediation results in the case being declared inadmissible.

Q: Can I claim interest and recovery costs on an unpaid Italian invoice?

A: Yes. Italy transposed EU Directive 2011/7 on late payments via Legislative Decree 231/2002. Statutory interest on overdue B2B invoices accrues at 8 percentage points above the ECB reference rate. Additionally, the creditor is entitled to a flat compensation for recovery costs: €40 for debts up to €1,000, €70 for debts between €1,000 and €10,000, and €100 for debts above €10,000. These amounts apply automatically without a court order.

Q: What if the Italian debtor files opposition to the decreto ingiuntivo?

A: Opposition (opposizione) converts the matter into ordinary civil proceedings, but does not automatically suspend enforcement. If the creditor can demonstrate that the opposition has no merit or that enforcement delay could cause irreparable harm, the judge can grant provisional enforceability (esecutorietà provvisoria) of the original order while the case proceeds.

Q: How do I find out if an Italian company is solvent before suing?

A: The Registro Imprese (registroimprese.it) provides access to annual financial statements, company status, directors, and registered charges. The CRIF and Cerved credit bureaus provide additional creditworthiness data.