Italian payment order: how a decreto ingiuntivo works
Your Italian customer has not paid. You have the invoice, the order and a record of delivery. Can a court order payment without a full trial first? An Italian payment order may offer that route, but obtaining the order, serving it and recovering the money are separate steps.
Avv. Luca Valente · 14 October 2026
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Start with the claim, not the form
A decreto ingiuntivo is a national Italian court order. For a monetary claim, the amount must be determined and due, and the statutory conditions must be met. Written evidence is central. The initial application is assessed without first hearing the debtor, who can challenge the order after service. The official Italian procedure overview explains this structure.
Can this court hear the claim?
Check jurisdiction and the competent court, including any contractual clause and consumer protections.
What is actually due?
Separate principal, interest and costs. Deduct payments and credit notes.
What supports the amount?
Match the contract and performance records to the invoices being claimed.
A creditor living outside Italy is not automatically excluded. Equally, an Italian customer does not settle every jurisdiction question. Have the contract and parties checked before committing to proceedings.
Prepare evidence for a possible dispute, too
Give the person assessing the claim the accepted order or contract, relevant invoices, proof of delivery or completion, the payment history and the customer's replies. Use the guide to documenting goods supplied or work completed to identify gaps before filing.
- ApplicationRicorso
- The request explaining the claim, amount and grounds for the order.
- Supporting documentsDocumenti / prova scritta
- The records relied on to establish the claim and meet the procedural requirements.
- Authority to actProcura alle liti
- The litigation authority where representation is required. A creditor abroad should check signing formalities before arranging certification.
- Payment orderDecreto ingiuntivo
- The court's decision on the application, including the directions and deadlines that must be followed.
Does an electronic invoice guarantee an order?
No. Article 634 recognises qualifying invoices transmitted through the Italian Sistema di Interscambio as suitable written evidence for the claims covered by its second paragraph, following Legislative Decree 164/2024. An emailed PDF from a foreign supplier is not automatically such an invoice.
The court still assesses the application. Preserve the contract and performance records: satisfying the initial evidence requirement does not make a disputed transaction immune from examination later.
For documents in another language, ask which translations and formalities the actual proceedings require. Commissioning certified translations of an entire archive before the relevant documents have been selected may create avoidable expense.
An issued order still needs proper service
If the court grants the application, the application and order must be formally served. Service has its own deadline: the official Italian procedure overview identifies 60 days for service in Italy and 90 days abroad. Have the applicable calculation and method confirmed; emailing a copy informally is not a substitute for the required service.
- ApplicationThe court examines the file
Further material may be needed. Do not promise a customer a guaranteed issue date.
- ServiceThe order reaches the debtor formally
Keep the complete service record and record the relevant dates.
- ResponsePayment, opposition or no opposition
Each outcome calls for a different follow-up.
The ordinary period for payment or opposition is 40 days from service, but it is not universal. Article 641 provides for variations, including cases involving defendants abroad. Read the actual order and have the deadline calculated for the case. See Article 641 of the Code of Civil Procedure.
If the debtor objects, the underlying dispute matters
Opposition brings the dispute before the court for examination with both sides involved. The creditor should be ready to explain and prove the transaction, not merely reproduce the invoice. A complaint about defective work, an alleged payment or a disagreement over the agreed price needs a specific answer.
Example: the invoice is unpaid, but delivery is disputed
Illustrative example. A supplier seeks payment for goods sent to Italy. The customer says part of the shipment never arrived.
Before proceedings, organise the order, dispatch record, signed delivery documents and correspondence about shortages. Tell the lawyer about the objection even if you believe it is unfounded. An initial order does not remove the need to address it if the debtor opposes.
Article 642 allows provisional enforcement at the outset in specified circumstances. During opposition, Article 648 provides a further route to provisional enforcement where its conditions are met. These are decisions for the court, not a consequence a creditor can add to a demand letter. The official texts are Article 642 and Article 648.
An enforceable order does not put money in the account
If no opposition is lodged in time, the required steps to obtain enforceability must still be completed where necessary. If payment does not follow, recovery may require enforcement against available assets, with further formalities and costs. The official guide to enforcement in Italy explains the separate enforcement framework.
Before increasing the budget, assess the debtor’s assets and current status. A favourable order and a realistic prospect of collection are different things.
A settlement can remain possible. If the debtor offers instalments after the order, address how the arrangement affects enforcement, interest, costs and missed payments. The repayment-plan checklist identifies terms worth resolving before accepting.
Ask for a budget that separates the stages
A quote for obtaining a payment order may not include defending an opposition or enforcing against assets. Clarify the scope, court charges, service, translations and the estimate for additional work. Do not budget on the assumption that every amount spent will be awarded against the debtor or successfully collected.
For an initial enquiry through the contact form, provide the amount, debtor's location, due date, whether the claim is disputed and whether a court order already exists. Mention any service date immediately. Wait for instructions before sending confidential documents; any paid assessment is quoted before work begins.
Enquire about an unpaid Italian debt ↗General information, not an assessment of a particular claim or procedural deadline. An enquiry does not create an engagement or acceptance of responsibility for a deadline.