European Payment Order or Small Claims: which route for an Italian debt?
An Italian customer owes you money, and you are based in another country. Two European procedures may help, but they answer different needs. The amount, the countries involved and whether the customer disputes the debt all matter before you choose a form.
Avv. Luca Valente · 14 October 2026
English · Deutsch
Begin with the amount and the dispute
A specified sum already due
Designed for uncontested cross-border monetary claims. There is no upper monetary limit, but the debtor can oppose the order.
A claim up to €5,000
Can deal with eligible disputed claims. Interest, expenses and disbursements are excluded when assessing the threshold.
Another route may fit
If a European procedure is unavailable or unsuitable, assess the relevant national procedure instead.
The European Payment Order is not the Italian decreto ingiuntivo. The guide to the Italian payment order explains that national procedure. Do not transfer its opposition deadline to a European order.
The official European Payment Order overview and Small Claims guidance describe the two European routes.
“I live abroad” is not the complete eligibility test
For these procedures, the cross-border definition looks at whether at least one party is domiciled or habitually resident in a participating Member State other than the state of the court hearing the case. It is not simply a test of nationality, invoice currency or the language of the contract. Denmark does not participate in either procedure.
The claim must also fall within the relevant civil and commercial scope. Check the exclusions for the chosen procedure; a monetary claim alone does not establish eligibility. The governing instruments are Regulation 1896/2006 and Regulation 861/2007, as amended.
Example: a French supplier and an Italian customer
Illustrative example. A supplier based in France claims €3,800 from a customer based in Italy. That may provide the necessary cross-border element, but it does not answer which court has jurisdiction or whether the claim falls within the procedure's scope.
If the customer disputes the quality of the goods, the small-claims route may be worth assessing. If payment is simply outstanding, a European Payment Order may also warrant consideration. Neither conclusion follows from the amount alone.
European Payment Order: plan for a possible objection
The application uses standard Form A. Set out the parties, the amount and basis of the claim, the evidence supporting it and the grounds for jurisdiction. An unanswered reminder does not establish that the claim is correct or guarantee that the debtor will remain silent.
- Debtor's response30 days to oppose
The period runs from service. Opposition does not require a detailed defence at this stage.
- Opposition filedThe claim may continue
The next procedure depends on the applicable rules and the claimant's instructions.
- No timely oppositionEnforceability is checked
The court declares the order enforceable once the procedural requirements are satisfied.
Decide before filing whether you want the case to continue if the debtor objects. Depending on eligibility and the election made, it may proceed under Small Claims or the appropriate national procedure; the claimant can request termination in the event of opposition. Review the choices on the official Payment Order forms, rather than leaving them unexplored.
Small Claims can address a contested debt
The European Small Claims Procedure covers eligible claims not exceeding €5,000 when the competent court receives the claim form, excluding interest, expenses and disbursements. It can be used for a disputed claim; agreement by the debtor is not a prerequisite.
The process is mainly written. Submit Form A with the relevant supporting documents. The defendant normally has 30 days to respond after service. The court may require further information, take evidence or hold a hearing where necessary, rather than deciding solely from the initial form.
What if the unpaid principal is €6,200?
It exceeds the €5,000 ceiling. Do not treat the excess as costs or interest to fit the form. A European Payment Order, where its conditions are met, or national proceedings may be assessed instead. Obtain advice before waiving part of a claim or attempting to split it.
A lawyer is not mandatory for the European Small Claims Procedure. That does not remove the need to identify the correct court, explain the claim and comply with procedural requirements. The EU's practical information on legal action explains this option.
Prepare the file before completing the form
- Parties and addressesParti / indirizzi
- Use the correct legal entities and current addresses. A trading name alone may be insufficient.
- Amount and due dateImporto / scadenza
- Reconcile invoices, credits and payments. Separate principal from additional sums.
- Evidence and objectionsDocumenti / contestazioni
- Identify the contract, performance records and the customer's actual response.
- Court and languageGiudice competente / lingua
- Confirm jurisdiction, accepted filing methods, language requirements and any necessary translations.
The unpaid-invoice document checklist helps organise the underlying records. Keep originals and a dated account of what has happened. Selecting only favourable emails may leave the application poorly prepared for a response.
Forms available in English do not mean that an Italian court accepts an English-language application. Check the particular court's requirements before paying for translations or sending papers. Completing an online form is also not proof that it has been filed with the competent court.
Compare the cost of reaching payment, not just filing
Ask about court fees, service, translations, any assistance with the application and the cost of continuing after an objection. Check what a proposed fee covers and what would trigger further work.
An enforceable European Payment Order or Small Claims judgment can circulate within the participating EU states without a separate declaration of enforceability. Actual enforcement remains subject to the relevant national arrangements and document requirements. If collection will take place in Italy, assess enforcement steps and collection costs; a favourable decision does not itself transfer funds.
The EU's Small Claims information explains cross-border enforcement of the judgment. For a European Payment Order, the European Commission’s general overview explains enforceability and the need to follow the national enforcement rules of the country where collection is sought.
For an initial enquiry, use the contact form with the countries where the parties are based, amount, due date and any objection. Mention an existing order or ongoing proceedings. Wait for instructions before sending confidential documents; any paid assessment is quoted before work begins.
Enquire about a cross-border debt ↗General information, not a determination of jurisdiction, eligibility or a deadline in your case. An enquiry does not create an engagement or acceptance of responsibility for a deadline.