Recovering a debt from an Italian client may seem complex, especially for foreign businesses unfamiliar with local procedures. This article provides a clear summary of the process: it starts with a formal demand letter in Italian, often resolving the issue without court action. If the debtor fails to respond, the next step is a Decreto Ingiuntivo, a fast-track court order based on written proof. Once final, enforcement can begin through seizure of bank accounts, property, or receivables. EU-based companies may also benefit from tools like the European Payment Order. Working with an Italian lawyer ensures local knowledge, language support, and efficient case management — making international debt recovery more accessible and effective.
HOW TO RECOVER A DEBT IN ITALY: A PRACTICAL GUIDE FOR FOREIGN CREDITORS
Recovering a debt in a foreign country can feel overwhelming. You’re dealing with different laws, different procedures, and in some cases, a different attitude toward payments. If your company is trying to collect a debt from an Italian client — whether it’s for unpaid invoices, services rendered, or a broken contract — this guide will help you understand what options you have, how long it takes, and how an Italian lawyer can assist you.
Step 1: Try the Amicable Route First (Stragiudiziale)
In Italy, it's common — and often effective — to begin with an amicable approach. This means sending a formal demand letter, written in Italian and signed by a local attorney.
Why does it work? Because a message from a lawyer signals that the creditor is serious and ready to act. It also removes the “language excuse” that debtors sometimes use to delay or ignore communication.
In many cases, this alone leads to a resolution — either full payment or a negotiated settlement.
Step 2: Judicial Recovery (Giudiziale) – When You Need to Take Action
If no payment is received, we move to the judicial phase. In Italy, the most efficient legal tool for debt recovery is the "Decreto Ingiuntivo", or Injunction for Payment. This is a streamlined court procedure, and it works as follows:
- You provide documentation proving the debt: invoices, contracts, correspondence, delivery records, etc.
- I file the request with the competent court.
- The judge evaluates the request without a hearing and issues an order.
The debtor then has 40 days to oppose the decree. If they don’t, it becomes final and enforceable, meaning you can start enforcement proceedings. The best part? You don’t need to be in Italy, and everything can be managed remotely.
Step 3: Enforcing the Debt (Esecuzione Forzata)
If the debtor still refuses to pay, enforcement becomes necessary. As your lawyer, I can initiate procedures to seize the debtor’s assets in Italy. This may include: Freezing bank accounts, Placing liens on real estate, Seizing movable goods or receivables.
Enforcement is carried out by public officers (bailiffs), under court supervision, and can be very effective when the debtor has identifiable assets in Italy.
European Tools for Cross-Border Debt Recovery
If your company is based in another EU country, there are additional instruments you can use: The European Payment Order — a simplified procedure recognized across the EU; The European Small Claims Procedure — for low-value debts; The European Account Preservation Order — to freeze funds even before going to Court.
These tools can be powerful, but it's important to understand when they apply and how to use them effectively — which is where legal guidance becomes crucial.
Costs and Timeframes
Every case is different, but here’s a general idea:
- Amicable phase: 1–2 weeks;
- Court order (if uncontested): 1–3 months
- Enforcement: depends on debtor's assets, but can begin shortly after.
Legal fees are proportional to the amount claimed and can often be recovered from the debtor as part of the proceeding.
For full transparency, I have published on this website the official legal fees, as established by the Italian Ministry of Justice in cooperation with the National Bar Council. These include fees for civil and criminal matters, as well as for out-of-court services and ADR procedures. I have also included an interactive fee calculator, so that clients can always have full visibility and control over potential costs. You can view this information here: LEGAL FEES
Working with a local lawyer gives you several advantages: Full understanding of the legal system and court procedures; Communication with debtors in their own language and cultural context; Faster and more effective handling of documents, filings, and deadlines; A clear strategy — not just legal, but practical. You don’t have to face the Italian legal system alone. My goal is to make the process smooth, transparent, and result-driven.
Do You Need Help Recovering a Debt in Italy? Contact me today to discuss your case.
