Debt Recovery In Italy: How To Collect From An Italian Company

Debt recovery in Italy: What are the debt collection laws in Italy?

Debt recovery in Italy is regulated by the Italian Civil Code and the Italian Code of Civil Procedure and offers efficient legal remedies for foreign creditors seeking to recover unpaid invoices in Italy. The most effective fast-track solution is the Italian injunction order (decreto ingiuntivo), a key tool in judicial debt collection in Italy, which enables a creditor to obtain an enforceable court order in a relatively short time when the claim is supported by written evidence.

This procedure is considered a summary debt collection process, because it allows the creditor to secure an enforceable title for debt recovery in Italy without starting full ordinary litigation and without the debtor's initial participation. For international businesses involved in cross-border debt recovery, this mechanism is particularly strategic: it reduces legal costs and recovery time and allows immediate enforcement actions such as bank account garnishment in Italy, seizure of assets, attachment of receivables, and other forms of debt enforcement against an Italian debtor. Working with an experienced Italian debt collection lawyer ensures a faster procedure, full compliance with local regulations, and higher chances of successfully collecting commercial debts in Italy.

Debt recovery in Italy: How to recover a debt in Italy?

The first phase of international debt collection in Italy is usually an amicable approach.

This includes:

• formal demand letters from an Italian lawyer
• negotiation with the debtor
• structured repayment plans

An out-of-court settlement allows you to:

✔ reduce legal costs
✔ preserve business relationships
✔ obtain faster payment

For many foreign creditors, this is the most efficient solution.

Where attempts to settle the dispute out of court are unsuccessful, it will be possible to take legal action and request that the Court issue a payment order.

Judicial Debt Collection: How to Obtain an Italian Injunction Order

When out-of-court debt collection in Italy is unsuccessful, creditors can start legal proceedings and apply to the competent Italian Court for the issuance of a payment order (decreto ingiuntivo). This is one of the fastest and most effective legal tools for recovering debts from an Italian company or individual.

Filing the Application for a Payment Order in Italy

The request for a payment order in Italy is filed through a formal petition.

The application must already include a detailed indication of the written evidence supporting the claim, as Italian courts issue the order based on documentary proof.

Jurisdiction lies with the Court that is competent:

• by territory
• by value of the claim

This is a key step in the Italian debt collection procedure.

Legal Requirements for a Payment Order Under Italian Law

To obtain a decreto ingiuntivo, the credit must meet specific legal requirements:

1. The debt must be certain and liquid. The amount must be clearly determined and easily quantifiable.
2. The debt must be due and payable. The payment deadline must have expired, meaning the creditor has the right to request immediate payment and legal enforcement.

3. The claim must be supported by written evidence

Typical documents used in Italian debt collection for foreign creditors include:

• invoices
• statements of fees
• contracts
• bills of exchange and negotiable instruments
• commercial documents

Opposition to a Payment Order in Italy

If the debtor disputes the existence or the amount of the debt, they may file an opposition to the payment order.

The opposition must be filed within 40 days from the service of the payment order and the petition.

Once the opposition is filed:

• the fast-track procedure ends
• ordinary civil proceedings in Italy will begin

Debt Recovery in Italy: How Long Does Debt Recovery Take in Italy?

The timeframe to obtain a payment order in Italy (decreto ingiuntivo) is generally very fast, making it one of the most effective tools for fast-track debt recovery in Italy. In many cases, the Italian court issues the order within a period ranging from approximately one week to just over one month, and quite often it can be granted in only a few days when the documentation is complete and the claim is clear.

Once the court payment order has been issued, it must be formally served on the debtor in order to become enforceable. If the debtor is based in Italy, the service of process in Italy usually takes a little more than one week. This quick procedure allows foreign creditors and international companies to start judicial debt collection in Italy in a very short time and to proceed promptly with enforcement actions aimed at recovering unpaid commercial debts.

Debt recovery in Italy: Legal costs for debt recovery in Italy

The cost of obtaining a payment order in Italy (decreto ingiuntivo) and the corresponding Italian debt collection lawyer's fees can vary considerably depending on the value of the claim and the complexity of the case. In debt recovery proceedings in Italy, court fees and legal costs are directly linked to the amount to be recovered, which is why higher-value commercial debts involve higher overall expenses. For foreign companies seeking to recover unpaid invoices in Italy, it is important to know that, in most successful cases, the court orders the Italian debtor to reimburse a significant portion of the legal costs. These costs are calculated in line with the official Italian lawyers' fee scale established by Ministerial Decree No. 55/2014, which sets the standard parameters for legal services.

Arnone&Sicoomo: International debt recovery in Italy for foreign companies – cross-border credit collection lawyers

Arnone & Sicomo is a Law Firm for debt recovery in Italy providing tailored legal services to foreign companies, international creditors and overseas businesses that need to recover unpaid invoices from Italian debtors in a fast and cost-effective way. As experienced Italian debt recovery lawyers for international clients, the firm supports exporters, suppliers, financial institutions and multinational corporations throughout the entire debt collection process in Italy, including amicable debt collection, formal demand letters, negotiation with Italian debtors, and judicial debt recovery through a payment order in Italy (decreto ingiuntivo).

With a strong focus on cross-border debt recovery and commercial debt collection in Italy, Arnone & Sicomo manages every stage of the procedure, from debtor asset searches in Italy and credit assessment to enforcement of court judgments, bank account garnishment, seizure of assets and other enforcement measures under Italian law. Clients benefit from English-speaking Italian lawyers, transparent legal fees and a full remote debt recovery service, allowing them to collect debts in Italy without travelling.

Thanks to its in-depth knowledge of international trade law, EU regulations and Italian commercial litigation, and to a wide network of local correspondents, the firm is recognised as a reliable partner for international debt recovery in Italy, delivering fast, strategic and results-driven solutions for companies doing business with Italian counterparties.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.