When dealing with unpaid debts in Italy, understanding the legal debt recovery process is essential for both foreign creditors and international law firms. At Studio Legale Mattioli, we assist companies, professionals, and foreign lawyers in managing credit collection procedures in Italy effectively and in full compliance with Italian law.

We provide end-to-end legal support for debt collection cases in Italy, including both amicable and judicial phases.

1. Out-of-Court Debt Collection (Extrajudicial Phase)

The first step is always to attempt an amicable settlement with the Italian debtor. This includes:

• Sending a formal payment reminder (lettera di diffida) via certified email (PEC) or registered mail with return receipt.

• Requesting payment within a specified deadline (typically 7–15 days).

• Negotiating a possible repayment plan or settlement agreement.

This phase is quicker and less expensive than court proceedings and is often successful, especially if handled by an Italian debt collection lawyer.

2. Judicial Debt Collection (Court Proceedings)

If the debtor does not respond or refuses to pay, the creditor can start legal proceedings before the competent Italian civil court.

a) Injunction Procedure (Ingiunzione di Pagamento)

This is the most efficient method if the creditor has documentary evidence of the debt (e.g. contracts, invoices, delivery notes):

• A petition is filed with the court (Ricorso per decreto ingiuntivo).

• The judge issues a payment order (decreto ingiuntivo), typically within a few weeks.

• The debtor has 40 days to oppose the order. If no opposition is filed, the order becomes enforceable (esecutivo).

If the debtor files an objection, the procedure continues as an ordinary civil trial.

b) Ordinary Civil Lawsuit

If there is a dispute over the existence or amount of the debt, or if documentary proof is insufficient, a standard civil lawsuit may be necessary. This is more time-consuming but may be the only option in certain cases.

3. Enforcement Phase (Esecuzione Forzata)

Once the creditor obtains an enforceable title (e.g. final court judgment or unopposed payment order), they can start enforcement proceedings:

• Attachment of bank accounts, salaries, or movable/immovable assets.

• Court bailiffs carry out the seizure and sale of the debtor’s assets.

This phase is strictly regulated by the Italian Code of Civil Procedure and must be conducted by an Italian enforcement lawyer.

4. Insolvency and Bankruptcy Proceedings

If the debtor is insolvent or has ceased to pay its debts, the creditor may:

• File a bankruptcy petition (istanza di fallimento) before the court.

• Participate in creditors’ meetings to recover part of the credit from the debtor’s assets.

This is a collective procedure and subject to specific rules under the Italian Insolvency Code.

Why Work with Studio Legale Mattioli

Our law firm has solid experience in international debt recovery and regularly assists clients from the EU, UK, USA, and beyond in recovering debts from Italian companies and individuals.

We offer:

• Prompt and clear communication in English

• Strategic legal advice tailored to cross-border claims

• Efficient court representation in all Italian jurisdictions

For professional assistance with debt collection in Italy, contact Studio Legale Mattioli today.

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