When this help may be useful
- Businesses and professionals with unpaid invoices
- Individuals who lent money and did not get it back
- Condominiums that need to recover unpaid contributions
- You have received a payment order and want to assess an objection
The out-of-court stage
The first step is the letter of demand (diffida): a formal letter stating the amount due and a deadline for payment. Many debtors pay at this point, or propose a repayment plan. The letter also interrupts the limitation period.
The payment order
If payment does not arrive and the debt is proven in writing, I ask the judge for a payment order (decreto ingiuntivo): an order to pay issued without ordinary proceedings. The debtor has forty days to object; if they do not, the order becomes final. With certain documents, such as cheques or bills of exchange, the order can be immediately enforceable.
The process, step by step
- Check of the documents and the debt
- Formal letter of demand
- Application for a payment order
- Enforcement if the debtor does not pay
Frequently asked questions
What happens if the debtor objects to the order?
Ordinary proceedings begin in which the judge assesses both parties' arguments. If the debt is well documented, the order can be declared provisionally enforceable even during the proceedings.
Is it worth acting for small amounts?
It depends on the amount, the evidence and the debtor's ability to pay. Legal costs can be charged to the debtor, but before starting I always assess with you whether the action makes economic sense.
Can the debtor offer to pay in instalments?
Yes, and it is often a good solution. A well-written repayment plan, stating what happens if an instalment is not paid, protects the creditor.
The information on this page is general, refers to Italian law and is not a substitute for advice on your specific case.