- If a customer in Campania does not pay, you usually start with a written demand letter and proof of the debt.
- Then you can ask the judge for a payment injunction (decreto ingiuntivo), with the help of an Italian lawyer.
- The outcome cannot be promised: it depends on the documents and on the debtor’s situation.
First of all: proof of the debt
A foreign company with Italian customers must be able to prove three things: that the contract or order exists, that the performance was carried out, and that the invoice was not paid. The most useful evidence is contracts, orders, emails, delivery notes and invoices. As a rule the payment injunction is based on written proof. If it is missing, an ordinary lawsuit, which takes longer, may be needed.
The demand letter
Before taking action you send a demand letter, preferably by PEC (certified email) or registered mail, stating the amount, the due date and the bank details. It serves to fix the date of the request and to give the debtor a chance to pay. Interest for late payment between businesses has special rules: do not write figures in the demand letter without checking them with the lawyer. Keep proof of sending and receipt.
The competent court
The competent judge depends on the debtor’s seat, on the place where the debt is to be paid and on the clauses of the contract. In Campania there are several Courts, and the debtor’s municipality decides which one. To find out which is competent, see the website of the Ministry of Justice. If the debtor is a consumer, the rules are different. It is also wise to check that the debtor’s VAT number is active and that the company is not already in an insolvency procedure.
Payment injunction, opposition and enforcement
The lawyer files the petition electronically. If the judge grants it, the injunction must be served on the debtor. The debtor has little time to oppose it. If there is no opposition, you can move on to enforcement, for example the attachment of bank accounts or assets. If there is opposition, a full lawsuit begins. To sign from abroad, the power of attorney to the lawyer follows formal rules: ask about them beforehand.
European payment procedure
For claims between European Union countries there is a European procedure, which can be used in some cases. For updated details, see the European e-Justice portal, the official European Union website on justice. The firm does not handle the law or taxes of other countries: the rules of your own country should be asked of a local lawyer.
Typical case
A problem that comes up often. Typical case described in general terms: names, places and details do not refer to real people or cases.
A company based abroad sold goods for two years to a shop in Portici. The last six invoices have not been paid. The customer answers only with promises. After the demand letter and the gathering of orders and delivery notes, the company considers going to the competent Court.
Frequently asked questions
Does a payment injunction guarantee payment?
No. It opens the way to enforcement, but the outcome depends on the debtor’s assets.
Can I do everything without coming to Italy?
Often yes, with a power of attorney and video calls. Ask the lawyer first how to sign the power of attorney.
The firm sees clients in Naples (P.zza Giovanni Bovio 22 and Via Monte di Dio 14), in Rome and in Bari, by appointment, and remotely throughout Italy. The first meeting is held in Italian.
Original in Italian: Recupero crediti in Campania per aziende straniere
Author: avv. Renato Giuseppe Fiorentino, Naples Bar. Informational text; it does not replace advice on your case. Sources: Ministry of Justice (giustizia.it), European e-Justice portal (e-justice.europa.eu), given as references. Text prepared with the help of artificial intelligence tools and reviewed by avv. Renato Giuseppe Fiorentino. It is not legal advice. The firm does not handle the law or taxes of other countries.