Italy
Italian Consumer Rights and Debt Law: An Overview
Italian consumer and debt law splits into two distinct bodies of rules, and confusing them is a common mistake. One governs what happens when someone owes money and does not pay: a specific court procedure for collecting the debt, hard percentage limits on how much of a salary can actually be seized, and a separate set of court routes for a debtor who is genuinely over their head. The other governs the opposite direction, what a consumer can demand from a business seller when a purchase itself is the problem, whether that means a defective product or simply changing one's mind after an online order.
This page orients that landscape and points to the five pages in this section that carry the full mechanics: debt collection, wage garnishment, over indebtedness relief, the legal guarantee on goods, and the right to return an online purchase.
Information verified on 21 July 2026. This page provides general legal information and does not constitute legal advice for an individual situation.
When you owe money: collection, garnishment, and relief
A creditor with documentary proof of a debt, an unpaid invoice, a signed acknowledgment, or an unpaid cheque, does not need an ordinary lawsuit to get an enforceable order. Our page on debt collection in Italy walks through the decreto ingiuntivo procedure end to end: how a creditor obtains one, the 40 day window that is both the debtor's deadline to pay and the debtor's only chance to contest the debt, and what follows once the decree becomes executive.
If a decree goes unpaid and unopposed, the next step for many creditors is reaching the debtor's salary or pension directly. Our page on wage garnishment in Italy works through the one fifth ceiling, the lower graduated rates that apply to smaller salaries when the tax authorities are the creditor, the cap that applies when more than one garnishment runs at once, and the extra protection pensions receive.
A debtor facing more debt than they can realistically repay is not limited to riding out collection and garnishment. Our page on over indebtedness (sovraindebitamento) in Italy covers the three court procedures available depending on who the debtor is, and the narrower one time discharge for a debtor who has nothing at all to offer creditors, even looking forward.
When a purchase goes wrong: guarantees and returns
A different set of rules applies once the question is not what a debtor owes but what a consumer is owed by a business seller. Our page on Italy's legal guarantee on consumer goods explains the free, mandatory two year protection against defects that comes with every qualifying purchase, how the burden of proof shifts after the first year, and how that guarantee differs from an optional paid warranty a seller may also offer.
Separately, a consumer who simply changes their mind after an online order, rather than receiving something defective, relies on a different right entirely. Our page on returning an online purchase in Italy covers the 14 day right of withdrawal, when it stretches to 30 days or longer, how to actually exercise it, and the categories of goods it does not cover.
For the wider range of Italy coverage on this site, see the Italy hub.
Frequently Asked Questions
Is Italian consumer protection law the same as Italian debt collection law?
No. Debt collection, wage garnishment, and over indebtedness relief are governed by the codice di procedura civile and the Codice della crisi and apply when someone owes money and does not pay. The legal guarantee and the right of withdrawal are governed by the Codice del consumo and apply when a purchase itself, rather than a debt, is the problem.
What is a decreto ingiuntivo?
It is a payment order a judge can issue on a creditor's documentary proof of a debt alone, without first hearing the debtor. Once served, the debtor generally has 40 days to pay or file an opposizione contesting it, and letting that window pass lets the creditor ask the court to declare the decree definitively executive.
How much of my salary can be seized to pay a debt in Italy?
An ordinary creditor can seize at most one fifth of net pay under art. 545 c.p.c. Where the tax collection agency is the creditor, a graduated scale can apply a smaller share on lower salaries, and pensions receive additional protection on top of the ordinary limits.
What is sovraindebitamento?
It is the Italian term for the over indebtedness of a debtor who cannot use ordinary corporate bankruptcy, such as a consumer, small entrepreneur, or professional. It is resolved through one of several court procedures run with a court appointed OCC, resulting in a restructuring plan, a liquidation, or, in narrow cases, a one time discharge.
How long is the legal guarantee on something I buy in Italy?
Two years from delivery for a contract concluded from 1 January 2022 onward, with the seller bearing the burden of proof if a defect appears within the first year. This guarantee is free and mandatory, separate from any optional commercial warranty.
Can I cancel an online order in Italy just because I changed my mind?
Generally yes. The diritto di recesso gives a consumer 14 days from delivery to withdraw from most distance purchases with no reason required, extending to 30 days in narrower settings such as an unsolicited home visit, though some categories of goods are excluded.
Sources and References
- art. 641 c.p.c., Accoglimento della domanda (termine di 40 giorni per pagare od opporsi)(normattiva.it).gov
- art. 647 c.p.c., Esecutorieta per mancata opposizione o per mancata attivita dell'opponente(normattiva.it).gov
- art. 545 c.p.c., Crediti impignorabili (limiti al pignoramento di stipendio, pensione e conto corrente)(normattiva.it).gov
- art. 2, comma 1, lett. c) ed e), D.Lgs. 12 gennaio 2019, n. 14, definizioni di «sovraindebitamento» e «consumatore»(normattiva.it).gov
- art. 133, Codice del consumo (D.Lgs. 6 settembre 2005, n. 206, come riformato dal D.Lgs. 170/2021), Responsabilita del venditore: termine di due anni dalla consegna e prescrizione dell'azione in ventisei mesi(normattiva.it).gov
- art. 135, Codice del consumo, Onere della prova: presunzione di preesistenza del difetto entro un anno dalla consegna(normattiva.it).gov
- art. 52, Codice del consumo, Diritto di recesso: termine di quattordici giorni, esteso a trenta per visite non richieste ed escursioni organizzate(normattiva.it).gov