In 30 seconds. A foreign creditor with an unpaid invoice or contractual claim against a debtor in Italy usually moves in this order: written demand, an order for payment (decreto ingiuntivo) or the European order for payment, then enforcement on the debtor’s assets (bank accounts, receivables from third parties, real estate). A foreign judgment may be recognised in Italy if the legal conditions are met. The route depends on the document you hold, the debtor and the assets that can be traced; no route guarantees recovery.
1. Before going to court: documents and demand
Collect the contract or purchase orders, invoices, delivery proof, correspondence and any acknowledgement of debt. A formal written demand sets a clear deadline, documents the default and may interrupt the limitation period. Check the debtor first: company or individual, registered office, assets and other creditors.
2. Order for payment (decreto ingiuntivo)
For a claim of a specified amount supported by written evidence, an Italian court may issue an order for payment on the creditor’s application. The debtor can oppose it within the legal deadline; if there is no opposition, the order becomes enforceable. For cross-border claims in the EU there is also the European order for payment (Regulation (EC) 1896/2006) for uncontested monetary claims already due.
3. Enforcement on the debtor’s assets
Once you hold an enforceable title, enforcement may be directed at the debtor’s bank accounts and sums owed by third parties (pignoramento presso terzi), at movable assets, or at real estate (pignoramento immobiliare). Time and costs differ by route; a preliminary check of the debtor’s assets helps choose.
4. Foreign judgments and EU rules
A judgment from another EU State can be enforced in Italy under Regulation (EU) 1215/2012; for judgments from outside the EU, Law 218/1995 (Arts. 64 ff.) sets the conditions for recognition. If the contract contains a clause on court and law, check it before filing.
The best route for you
- Claim of a clear amount with written proof: demand letter, then order for payment.
- Debtor with identifiable accounts or receivables: enforcement on third-party sums after the title.
- You already hold a foreign judgment: check the recognition and enforcement route first.
- Disputed claim: mediation or negotiation may be quicker than a long trial.
What to do now: gather the contract, invoices and correspondence, and write down what you know about the debtor’s assets. No route guarantees recovery.
How Avv. Fiorentino can assist you
- Review of the documents and choice of route.
- Demand letters, orders for payment and enforcement proceedings in Italy.
- Written fee estimate before the assignment begins; consultations by video call or at the offices in Naples, Rome and Bari.
Book a consultationWhatsAppCall +39 347 5264190
Email: avv.renatofiorentino@gmail.com
FAQ
Can a foreign company start a debt recovery in Italy?
Yes, through an Italian lawyer; a power of attorney can be signed remotely.
How long does recovery take?
It depends on opposition, the court and the assets; a reliable timeframe can only be given after reviewing the documents.
Is a foreign judgment valid in Italy?
It may be recognised and enforced if the legal conditions are met; each case needs review.
Read also
Read also: Recouvrement de créances en Italie : créanciers étrangers · Forderungsmanagement und Vollstreckung in Italien · Inkasso in Italien: Schweizer Gläubiger im Überblick
This content is informational and is not legal advice. Prepared with the support of AI tools under the responsibility of Avv. Renato Giuseppe Fiorentino.
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