In 30 seconds
If an Italian business customer does not pay, Italian law sets a 30-day default payment term and statutory late-payment interest that run without a reminder. The usual path is a formal demand, then a payment injunction (decreto ingiuntivo) from the Italian court if the customer does not pay. A written, signed record of the debt is what speeds everything up.
A US or UK company ships goods or sends an invoice to a customer in Naples, Rome or Milan, and the money does not arrive. The questions are always the same: how long must I wait, what interest can I charge, and what is the fastest way to get an enforceable order? This guide explains the main rules for business-to-business debts. For the local picture in Campania, see our guide on debt collection for foreign companies.
Payment terms and late-payment interest
Italian rules on late payment between businesses derive from Legislative Decree 231/2002, which implements the EU late-payment directive. According to specialist guides, the default term is 30 days from the customer’s receipt of the invoice (or of the goods or services, in some cases). Parties may agree a longer term in writing, but a term that is grossly unfair to the creditor, such as a very long one or a clause excluding late-payment interest, can be treated as void and replaced by the statutory rule.
Interest is due automatically once the term has passed. The rate is set every six months by the Ministry of Economy. According to the specialist press, it is 10.40% for the second half of 2026. Check the current notice in the Gazzetta Ufficiale before you calculate a claim, because the rate changes each semester.
The formal demand
Before going to court, send a written formal demand (in Italian, “messa in mora” or “diffida”). It sets a deadline, lists the invoices and states the interest claimed. It also helps to interrupt the limitation period. Keep proof that it was delivered, for example by registered mail or certified email (PEC) where the customer has one.
- Attach copies of the contract or purchase orders, the invoices and the delivery documents.
- Use the customer’s correct legal name and registered office from the Italian Business Register.
- Do not threaten more than the law allows: a firm, factual letter works best.
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 UK supplier sells machinery parts to a company near Naples and issues invoices on 60-day terms agreed by email. Three invoices remain unpaid. The customer says the parts were late, but never sent a written complaint. With the contract, the delivery notes and the email exchange, the supplier can send a formal demand and, if needed, ask for a payment injunction.
The best path for you
In most cases the best path is: (1) a short, precise formal demand with a final date; (2) if there is no payment, a payment injunction supported by the invoices and delivery documents; (3) a settlement only in writing, with a payment plan and a clause that makes the whole debt due if one instalment is missed. Starting from the injunction is usually faster than a full case when the debt is documented. No result can be promised.
Facing a similar situation? You can send your documents to the firm for an assessment, from anywhere in the world.
The payment injunction (decreto ingiuntivo)
For a clear, documented debt, an Italian court can issue a payment injunction without first hearing the customer, on the basis of written proof such as invoices, contracts and accounting records. The order is then served on the customer, who has a fixed time to pay or to challenge it. If the customer does nothing, the order becomes enforceable and can be followed by enforcement on bank accounts, receivables or assets.
Where the customer is based in Italy, Italian courts are normally the right forum under the EU rules on jurisdiction, unless the contract validly says otherwise. See our guide on jurisdiction and governing-law clauses.
What to check before you start
- Customer solvency. Check the Business Register and any signs of financial difficulty before spending money on a case.
- Disputes about quality. If the customer contests the goods, a payment injunction may be challenged and become a full case.
- Mediation. Some disputes require a mediation attempt first: see mandatory mediation.
- Your own documents. Translate key documents only when needed; ask the firm which ones.
How attorney Fiorentino can follow you
- Review your contract, invoices and emails and tell you which documents are still missing.
- Draft the formal demand and, if needed, prepare the request for the payment injunction.
- Explain what to expect on timing and costs before you decide to proceed.
Frequently asked questions
Do I have to send a reminder before interest starts?
As a rule late-payment interest runs automatically once the term has expired. A formal demand is still useful as proof and to interrupt the limitation period.
Can I charge the same interest if my contract is under English or New York law?
The governing law of the contract and Italian mandatory rules interact in ways that depend on the facts. Send us the contract and we will tell you what applies.
How long does a payment injunction take?
It depends on the court and the case. We do not give fixed timelines, but the procedure is generally faster than a full case when the debt is documented.
Does the firm handle collection in other countries?
No. We act in Italy. We can coordinate with your counsel abroad.
Related guides
Read also: Italian Bank Accounts and Mortgages for American Non-Residents · Bare Ownership and Usufruct in Naples: Risks for Buyers · Co-Heirs in Disagreement in Naples: Mediation and Division of the Estate · Mixed-Nationality Couples in Naples: Children and International Child Abduction · Neighbors, Boundaries and Rights of Way: Property Disputes for Foreign Owners.
Learn more: Legal guides from Studio Legale Fiorentino.
A company dispute or project in Italy?
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.