If an Italian buyer does not pay, a foreign creditor can use an Italian payment order or a European Order for Payment. With an enforceable title, the court can authorise a search of the debtor’s bank accounts and receivables.
- Rule: arts. 633, 641, 492-bis and 543 of the Italian Code of Civil Procedure; art. 1988 of the Italian Civil Code; Regulation (EC) 1896/2006.
- Deadline: the debtor has 40 days to oppose an Italian payment order, and 30 days to oppose a European one.
- Where: courts in Naples, Rome or Bari, and online.
Frequent case · A problem that comes up often
Frequent case described in general terms: names, places and details do not refer to real people or cases.
The case
A manufacturer based in another EU country has supplied goods to a distributor in Rome. The invoices are overdue, the reminders go unanswered and the distributor has started to say that the goods were not as agreed.
What the law says
With written proof of the claim (invoices, delivery notes, orders), you can ask the Italian court for a payment order (art. 633 c.p.c.). The debtor can oppose within 40 days of service (art. 641 c.p.c.). For uncontested cross-border claims you can also use the European Order for Payment (Regulation (EC) 1896/2006), where the debtor has 30 days to lodge a statement of opposition.
A written acknowledgement of the debt signed by the debtor (art. 1988 c.c.) relieves the creditor from proving the underlying relationship, so it is worth asking for one early, for example in a reply to your reminder.
Once you hold an enforceable title and the demand for payment has been served, art. 492-bis c.p.c. allows you to ask for authorisation to search electronically for the debtor’s bank accounts and receivables. The attachment of money held by banks or customers is then made under art. 543 c.p.c.
The best solution for you
- First: collect proof and send a written demand by registered email (PEC) or courier. It sets a deadline and records the date.
- Check solvency: obtain a company register extract (visura camerale) to see whether the debtor is active, in liquidation or in an insolvency procedure. This changes the route and the risk.
- Then: if the proof is documentary, a payment order is usually the fastest route. The European order can be an alternative when the claim is clearly not disputed.
- After that: with the title, ask for the account search before the debtor moves its assets, and attach what is found.
What to do now: keep the full contract chain and do not accept a partial payment or a payment plan without writing down that it is on account and does not waive the rest. No route guarantees recovery.
Months of friendly reminders with no written acknowledgement of the debt, and no check on the debtor’s solvency. Meanwhile the money may be moved elsewhere.
- Invoices and signed delivery notes.
- Contract, order or email exchange.
- Statement of overdue amounts and reminders sent.
- Debtor’s company details, VAT number and company register extract if you have it.
How Avv. Fiorentino can help
- Chooses between Italian and European order.
- Prepares the demand and the court filing.
- Follows the account search and attachment.
Frequently asked questions
Do I need an Italian lawyer to file?
For the Italian payment order, yes. The European order can be filed without one, but enforcement in Italy needs local steps.
What if the debtor says the goods were defective?
It can lead to opposition and a longer case. Your documents decide how strong your position is.
Learn more: Fast debt recovery in Italy · Cross-border debt recovery and asset tracing · International Legal Desk · Italian lawyer for civil law matters
The firm receives clients by appointment in Naples (P.zza Giovanni Bovio 22 and Via Monte di Dio 14), Rome (Via Giorgio Ribotta 21) and Bari (C.so Giuseppe Mazzini 61), and online.
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Sources: Italian Code of Civil Procedure, arts. 633, 641, 492-bis, 543; Italian Civil Code, art. 1988; Regulation (EC) 1896/2006, Normattiva. Author: avv. Renato Giuseppe Fiorentino, Naples Bar. General information, not advice on your case. This text was prepared with the help of artificial intelligence tools.