In 30 seconds
A civil case in Italy needs an Italian lawyer, starts with a writ or an application filed with the competent court, and passes through written briefs, evidence and a judgment that can be appealed. It can be slow, so settlement, mediation and urgent measures are often part of the strategy. You can follow the case from abroad.
If you live outside Italy and have a dispute over a property, a contract, an inheritance or a debt, you may wonder whether to go to court in Italy. This guide describes how a civil case works in plain terms and what a foreigner should plan for.
Do Italian courts have jurisdiction?
As a rule, if the defendant lives or is established in Italy, or the property is in Italy, Italian courts are competent. Inside the EU, Regulation (EU) 1215/2012 sets the rules. For disputes with consumers, employees and for contracts with a jurisdiction clause, special rules apply: see our guide on jurisdiction and governing-law clauses. The territorial court is also determined by the subject and the value of the claim.
The main steps
- Preliminary checks. Documents, deadlines, whether mediation is mandatory (see our guide) and the solvency of the other side.
- Filing. The case starts with a writ (“citazione”) or an application (“ricorso”), depending on the procedure, and the payment of the court fee.
- Written briefs. The parties exchange briefs and deposit documents in the periods set by the Code of Civil Procedure.
- Evidence. Documents, witnesses and, when needed, a court-appointed expert (CTU), for example on property defects.
- Judgment. The judge decides, and the judgment can be appealed to the Court of Appeal; a further review of legal questions goes to the Court of Cassation.
Frequent case
A problem that happens often. Frequent case described in general terms: names, places and details do not refer to real people or cases.
A buyer from the US pays a deposit for a house in Puglia, then discovers that the seller cannot deliver a clean title. The seller refuses to return the deposit. The buyer, who lives abroad, gives a power of attorney to an Italian lawyer, who sends a formal demand and, when the seller does not reply, files a case and asks for a protective measure on the seller’s bank account.
The best path for you
Usually the best path is: (1) collect the documents and fix the deadlines; (2) a formal demand and, where required, mediation; (3) a protective measure if there is a risk that the assets disappear; (4) a case only when settlement is not possible, with a realistic estimate of time and costs.
Facing a similar situation? You can send your documents to the firm for an assessment, from anywhere in the world.
Urgent and protective measures
If waiting would cause harm, Italian law allows urgent measures, such as a conservative attachment of the debtor’s assets or an urgent order to stop harmful acts. They are decided in a faster procedure but require proof of a risk. Where the debt is documented, a payment injunction is often the first step.
What it costs
- Court fee (contributo unificato). Fixed according to the value and the type of case.
- Lawyer’s fees. Agreed with you; see our guide on lawyer fees in Italy.
- Experts, translations and notifications. Added costs that depend on the case.
- Costs of the other side. As a rule the losing party reimburses the winner, but the judge may reduce or offset the amount.
How long it takes
Duration varies widely between courts and subjects. According to the Ministry of Justice’s statistics, many first-instance cases last well over a year, and appeals add more time. A lawyer can tell you, for the specific court, what to expect. For this reason, many foreigners aim for a settlement or a quick measure, and keep the case as the fallback.
Following the case from abroad
- Give a power of attorney to your lawyer, signed before an Italian notary or consul or with the right authentication. See our guide.
- Foreign documents often need a certified translation and, depending on the country, an apostille.
- Your lawyer attends the hearings; you are informed of each step by email, phone or video call.
How attorney Fiorentino can follow you
- Assess your documents and the chances of success, and tell you the realistic timing for the competent court.
- Prepare the demand, the mediation and the court papers.
- Report each step to you in English where useful.
Frequently asked questions
Can I be present at the hearings?
You may, but usually the lawyer attends on your behalf. Evidence from the parties is only occasionally heard.
Do I need to come to Italy?
Not always. A power of attorney and video calls cover most of the case.
Is the loser always ordered to pay the costs?
As a rule yes, but the judge can reduce or offset them.
Can I recover what I win from a debtor abroad?
Enforcement abroad depends on the country and on the treaties. See our guide on judgments and awards.
Related guides
Learn more: Legal guides from Studio Legale Fiorentino.
A dispute to bring before an Italian court?
Every situation must be assessed on the documents of the specific case. You can consult the firm from anywhere in the world: by video call, phone, WhatsApp or email. Appointments in person in Naples (Piazza Giovanni Bovio 22 and Via Monte di Dio 14), Rome and Bari.
Official sources
Information updated on October 13, 2026. This is general information, not legal advice. The firm does not advise on United States or United Kingdom law or taxes.
Do you have a similar issue?
Every situation depends on the documents of the specific case. You can contact the firm from anywhere, remotely.