Debt collection in Italy

How to Recover a Commercial Claim from an Italian Debtor

Italy is one of the major European markets, but in commercial relationships — especially among small and medium-sized enterprises — payment delays or unpaid invoices may occur. Knowing the tools and procedures available to protect your credit is essential to reducing risk and acting quickly and effectively.

Legal Actions for Debt Recovery in Italy

Payment Order (Decreto Ingiuntivo)

The payment order is the fastest and most commonly used tool in Italy for debt recovery. It can be requested when the claim is certain, liquid, and due, and supported by written evidence.

Ordinary Court Proceedings

Required when written evidence is insufficient or if the debtor disputes the debt. This process is longer, more complex, and often more expensive.

European Payment Order

For cross-border, uncontested claims, creditors may rely on the European Payment Order, which is automatically valid and enforceable in Italy.

European Account Preservation Order (EAPO)

This tool allows creditors to freeze funds held in the debtor’s bank accounts in the EU without prior notice, thereby mitigating the risk of asset dissipation.

Importance of a Lawyer Demand Letter

Although not mandatory under Italian law, sending a formal demand before initiating legal proceedings is strongly recommended. It demonstrates good faith, clarifies the amount due, and can lead to an amicable settlement.