Debt collection in Italy

Debt collection is a licensed activity in Italy. Agencies therefore need a licence issued under Article 115 of the Consolidated Law on Public Security (TULPS), granted by the local police authority (Questura). Lawyers, by contrast, work under rules set by the Italian Bar.

Oddcoll’s Italian partner holds full authorisation, so your claim is handled correctly from the outset.

Commercial claims in Italy have a 10-year limitation period under Article 2946 of the Civil Code, one of the longest in Europe.

However, a few claim types are shorter: transport claims expire after one year (18 months if the transport started or ended outside Europe, under Article 2951), and periodic payments like rent or instalments expire after five years (Article 2948).

There’s a useful feature for foreign creditors here, too. Unlike in Germany, a formal written demand for payment (known as costituzione in mora, under Article 2943 of the Civil Code) resets the clock. A registered letter or certified email (PEC) demanding payment restarts the limitation period, so sending an early, well-documented demand letter is worth doing.

Italy brought in the EU Late Payment Directive through Legislative Decree 231/2002, which gives B2B creditors some automatic protections:

• Late payment interest applies automatically once the payment term expires; no reminder is needed. The rate is the ECB reference rate plus 8 percentage points (Article 5).
• Creditors can claim a fixed €40 per overdue invoice to cover collection costs (Article 6).
• If no due date was agreed, the debtor is automatically in default 30 days after receiving the invoice or the goods and services (Article 4).

The decreto ingiuntivo is Italy’s expedited court procedure for claims backed by documentary evidence (Article 633 and onwards of the Code of Civil Procedure). It’s considerably faster and cheaper than a full trial.

Here’s how the process runs:

1. The creditor submits an application along with written evidence, such as the contract, invoices, delivery documents or PEC correspondence.
2. A judge reviews the application and issues the payment order without hearing from the debtor, usually within a few weeks.
3. The debtor then has 40 days either to pay or to file an opposition (opposizione).
4. If they don’t oppose it, the order becomes final and enforceable (esecutivo).

Where the claim is well-documented, creditors can also ask for provisional enforceability (Article 642 of the Code of Civil Procedure). This lets enforcement start straight away, even before the 40-day window has run out. If the debtor does oppose, the case moves into ordinary civil proceedings.

Jurisdiction over monetary claims in Italy depends on the amount owed.

The giudice di pace (justice of the peace) deals with claims up to €10,000 and offers a simpler, quicker process. Claims above €10,000 go to the tribunale (ordinary court), where legal representation is required in most cases. As a rule, jurisdiction sits with the court where the debtor has its registered office.

Italy’s civil courts are known for slow timelines, which is exactly why the decreto ingiuntivo and a solid amicable collection phase matter so much before a claim ever reaches trial.

Once you have an enforceable title, whether that’s a final decreto ingiuntivo or a court judgment, enforcement can begin.

First, the debtor is served with a formal demand to comply (atto di precetto). From there, enforcement runs through the court and a bailiff (ufficiale giudiziario). The main options are:

• Garnishing bank accounts and receivables held by third parties (pignoramento presso terzi). This is usually the most effective route in practice.
• Seizing movable assets (pignoramento mobiliare)
• Enforcement against real property (pignoramento immobiliare), typically reserved for larger claims.