Debt Collection in Italy: Decreto Ingiuntivo & Strategic Patience
Debt Collection in Italy: The Decreto Ingiuntivo Is Fast — Everything Else Is Not
The Italian Paradox
Italy has one of Europe's fastest payment order procedures and one of its slowest court systems. The decreto ingiuntivo can produce an enforceable title in 40 days. Contested litigation in a Tribunale can take 3-5 years. Understanding which path your claim will follow is the single most important decision in Italian debt collection.
For foreign creditors, Italy's reputation as a slow jurisdiction is both accurate and misleading. It's accurate for contested, complex claims. It's misleading for clear, documented debts — because the decreto ingiuntivo bypasses the slow system entirely.
The Decreto Ingiuntivo: Italy's Fast Track
The creditor files a ricorso per decreto ingiuntivo with the Tribunale, presenting documentary evidence (contract, invoices, delivery confirmation). The judge examines the file ex parte — without notifying the debtor — and issues the decree if the documentation is sufficient. The debtor then has 40 days to oppose. If no opposition: immediately enforceable title.
For claims with particularly strong documentation, the creditor can request a decreto ingiuntivo provvisoriamente esecutivo — provisionally enforceable from day one, meaning enforcement can begin even before the opposition period expires. This is available when the claim is based on a cambiale (bill of exchange), assegno (cheque), or authenticated contract.
Cost: Court fees are proportional to claim value, starting at approximately €98 for claims under €1,100 and scaling to €1,686+ for claims above €520,000. Legal fees: €1,500-€5,000 depending on complexity.
When It Goes to Court
If the debtor opposes the decreto ingiuntivo, the case converts to ordinary proceedings (giudizio ordinario). This is where Italian justice slows dramatically. Average commercial case duration in Italian Tribunali: 18-36 months in northern Italy, 24-48 months in southern Italy. Milan and Turin are faster; Naples and Palermo are slower.
The practical lesson: documentation quality determines whether your case stays on the fast track or falls into the slow system. Airtight documentation = no credible opposition = decreto ingiuntivo stands.
The Italian Collection Process
Phase 1 — Messa in mora. A formal demand letter sent via raccomandata con ricevuta di ritorno (registered letter with return receipt). This is the Italian equivalent of a mise en demeure — a legal prerequisite for interest claims under Articles 1219 and 1224 of the Codice Civile.
Phase 2 — Amicable recovery. An Italian-speaking collector contacts the debtor. Resolution rates for commercial debts under 12 months: approximately 45-55%. Italian business culture is relationship-oriented — a diplomatic approach produces better results than aggressive demands.
Phase 3 — Decreto ingiuntivo. If amicable efforts fail, file for the decree. Timeline for uncontested claims: 40-60 days to enforceable title.
Phase 4 — Enforcement (esecuzione forzata). Pignoramento presso terzi (bank account seizure), pignoramento mobiliare (movable asset seizure), or pignoramento immobiliare (property seizure) via ufficiale giudiziario.
Key Parameters
Statute of limitations: 10 years for commercial claims under Article 2946 of the Codice Civile.
Late payment interest: ECB base rate + 8 percentage points for B2B under the Late Payment Directive transposition (D.Lgs. 231/2002), plus a fixed €40 recovery cost per invoice.
EU instruments: European Payment Order, EEO, and EAPO all available for intra-EU creditors.
Italy rewards documentation and patience. Get the decreto ingiuntivo right, and the system works. Get it wrong, and you're in for years.
