Your Italian customer has stopped paying. Emails go unanswered, promises of payment come and go, and the invoices keep ageing. Recovering a debt in Italy is entirely possible, provided you take the right steps in the right order. Here is how it works.
1. Check the debtor first
Before spending money on legal action, it is worth checking the Italian company register. A company search tells us whether the debtor is active, in liquidation or already subject to insolvency proceedings. In that case the route is different: the claim must be filed in the insolvency proceedings, often within strict deadlines.
2. The formal demand letter
A demand letter from an Italian lawyer, sent by certified e-mail (PEC) or registered mail, sets a short deadline for payment. Many debtors pay at this stage. The letter also formally puts the debtor in default and interrupts the limitation period.
3. The payment order (decreto ingiuntivo)
If the debtor does not pay, we ask the Italian court for a decreto ingiuntivo: a payment order granted on the basis of written evidence, without a full trial. Contracts, purchase orders, delivery notes, invoices and correspondence in which the debtor acknowledges the debt are all useful. Documents in a foreign language may need a translation.
The debtor usually has forty days from service to oppose the order. In some cases, for example when the claim is based on a document signed by the debtor, the court can make the order immediately enforceable.
4. Enforcement
Once the order is enforceable, we serve a formal notice to pay (atto di precetto) and then proceed with enforcement. The most effective measure is often the attachment of the debtor's bank accounts and of the sums owed to the debtor by its own customers (pignoramento presso terzi). Movable assets and real estate can also be attached.
EU procedures for cross-border claims
- European Payment Order (Regulation (EC) No 1896/2006): a standard-form procedure for uncontested cross-border money claims between parties in different EU Member States.
- European Small Claims Procedure (Regulation (EC) No 861/2007, as amended): a simplified written procedure for cross-border claims up to €5,000.
Depending on the case, the Italian domestic procedure may be faster or more effective. We assess which route suits your claim.
Late payment interest
In business-to-business transactions, Italian law (Legislative Decree 231/2002, implementing the EU Late Payment Directive) grants statutory interest at the European Central Bank reference rate plus eight percentage points, plus a flat €40 for recovery costs. You can estimate the interest with our late payment interest calculator (in Italian).
Working with us
- a single point of contact for the whole recovery;
- a written estimate of fees and costs before we start;
- regular updates in English at every step.
An Italian customer owes you money?
Send us the unpaid invoices and the debtor's details. We will tell you which route makes sense and what it will cost, before we start.
Write to us