Debt Collection in Italy: How the Decreto Ingiuntivo Process Works
Recupero crediti, debt collection in Italy, most often runs through a specific court procedure called the decreto ingiuntivo, an injunction to pay. It is the standard route both for a business or individual trying to recover an unpaid invoice or loan, and for the debtor who has just received one in the mail and needs to understand what the deadlines actually require. This page works through both sides of that same procedure.
Information verified on 21 July 2026. This page provides general legal information and does not constitute legal advice for an individual situation.
Most debt collection starts with a decreto ingiuntivo, not a lawsuit
A creditor with documentary proof of a debt, an invoice, a signed acknowledgment, correspondence admitting the debt, or an unpaid cheque, does not need to sue the debtor in an ordinary trial to get an enforceable court order. Art. 633 c.p.c. lets a creditor of a liquid sum of money, or of a determinate quantity of fungible goods, or of the delivery of a specific movable item, apply directly to the competent judge for a decreto ingiuntivo, a payment order.
The judge examines the application and the written proof alone. The debtor is not summoned and does not get to argue against it before the decree is issued, a procedure lawyers call inaudita altera parte, without hearing the other side. The debtor's opportunity to respond comes only after the decree exists and is served on them. The same procedure is available to lawyers, notaries, and other licensed professionals recovering fees covered by an approved tariff (art. 633 c.p.c.). Once the application is filed, the judge must issue a reasoned decree, granting or refusing it, within 30 days (art. 641 c.p.c.).
The 40 day window is both the deadline to pay and the deadline to oppose
The decree itself does the real work: it orders the debtor to pay within a set term, while warning that an opposizione can be filed within that same term and that, absent one, forced enforcement will follow. The standard term is 40 days, running from when the decree is served on the debtor, and the same 40 days serves two purposes at once. It is the debtor's last chance to pay voluntarily, and it is the debtor's only window to contest the debt in court before the decree hardens into a final, enforceable title (art. 641 c.p.c.).
The judge has some room to adjust that figure for good cause (giusti motivi): down to as little as 10 days, or up to 60. Where the debtor does not live in Italy the statute sets different, longer terms, since cross border service takes longer to complete.
| Where the debtor resides | Standard term | Range the judge can set |
|---|---|---|
| Italy | 40 days | 10 to 60 days |
| Another EU member state | 50 days | can be reduced to 20 days |
| Outside the EU | 60 days | never less than 30, never more than 120 days |
A debtor should treat the date on the notification, not the date on the decree itself, as the day the clock starts (art. 641 c.p.c.).
These day counts are also subject to the sospensione feriale, the annual suspension of procedural terms under L. 742/1969: every year, procedural deadlines, including the term to pay or to file an opposizione, stop running from 1 to 31 August. A debtor served in July, for example, does not lose those August days from the count; the clock pauses for the month and resumes on 1 September.
If the debtor does nothing, the decree becomes final
Letting the 40 days pass without acting is the single worst outcome available to a debtor who actually disputes the claim. Once the term expires with no opposizione on file, the creditor can ask the same judge, even with a simple oral request, to declare the decree executive (art. 647 c.p.c.). The judge must first order the decree served again if it appears the debtor probably never actually learned of it, a safeguard against a debtor being caught out by a bad address or a missed delivery. Once the decree is declared executive under this article, an opposizione generally can no longer be filed or continued, and any security deposit (cauzione) the debtor may have posted is released back to them.
A debtor is not entirely without a remedy after that point. Art. 650 c.p.c. allows a late opposizione (opposizione tardiva) where the debtor proves they did not have timely knowledge of the decree because notification was defective, or because of a fortuitous event or force majeure genuinely outside their control. Even then, the law draws a hard outer limit: no late opposizione is admitted once 10 days have passed from the first actual act of enforcement against the debtor.
Opposing the decree does not automatically freeze collection
A debtor who disputes the debt files the opposizione before the same court that issued the decree; the case then proceeds under the ordinary rules for a contested civil trial rather than the fast, one sided procedure that produced the decree in the first place (art. 645 c.p.c.).
Filing on time buys the debtor a real hearing, but it does not, by itself, stop the creditor from collecting. The judge hearing the opposition can grant the decree provisional enforceability at the first hearing if the opposition is not backed by written proof or is not likely to be resolved quickly, and must grant at least partial provisional enforceability for any portion of the debt the debtor is not genuinely contesting (art. 648 c.p.c.). In practice this means an opposition aimed only at delay, rather than at a real dispute over the amount or the underlying obligation, rarely buys the debtor much time.
After the decree is final: precetto, then pignoramento
A decree that has become executive is not yet enforcement itself. Before actually seizing anything, the creditor must serve one more document, the atto di precetto, formally demanding payment and giving the debtor at least 10 further days before enforcement can begin. Since a 2015 reform, the precetto must also warn the debtor that they may be able to address a genuine over indebtedness situation through a court composition procedure with the help of an organismo di composizione della crisi or a professional appointed by the judge, rather than simply facing seizure (art. 480 c.p.c.).
If payment still does not follow, the creditor moves to a pignoramento, a seizure of the debtor's bank accounts, other assets, or salary. Salary and pension seizures follow their own detailed percentage limits rather than a simple full seizure; see our companion page on wage garnishment in Italy for how much of a paycheck can actually be taken and under what rules.
Creditors should also note a deadline that runs the other way: a decreto ingiuntivo that is never served on the debtor within 60 days of being issued (90 days where service has to happen abroad) simply becomes ineffective. The underlying claim is not lost, since the creditor can file the same request again, but the specific decree and the time already invested in it are (art. 644 c.p.c.).
For readers on either side of a decreto ingiuntivo
A creditor considering this route needs, above all, documentary proof of the debt in hand before filing, since the entire speed advantage of the procedure depends on the judge being able to decide on paper alone. A debtor who has just been served one needs, above all, to read the notification date correctly and treat the 40 day (or longer, for an overseas debtor) window as covering both options at once: pay, or contest, before the same short period closes on both.
For more on consumer protections in Italy, see our Italy consumer rights section; readers facing debts they cannot realistically repay can also see our page on sovraindebitamento, Italy's court procedure for over-indebted consumers. For the wider landscape of Italian law this site covers, see our Italy hub. Landlords recovering unpaid rent through a related but distinct court procedure can see our page on eviction for unpaid rent (sfratto per morosità).
Frequently Asked Questions
What is a decreto ingiuntivo?
It is a court order to pay a specific sum of money, issued by a judge on the creditor's request alone, based on written proof of the debt such as an invoice, a signed acknowledgment, or an unpaid cheque. The debtor is not heard before it is issued; they respond afterward, once the decree is served on them (art. 633 c.p.c.).
How long do I have to pay or oppose a decreto ingiuntivo?
The standard term is 40 days from service of the decree. A judge can reduce it to 10 days for good cause or extend it to 60. If you live in another EU country the term is 50 days, reducible to 20; if you live outside the EU it is 60 days, with an overall floor of 30 and ceiling of 120 (art. 641 c.p.c.).
What happens if I ignore a decreto ingiuntivo?
Once the deadline passes without an opposizione, the creditor can ask the judge to declare the decree executive. From that point the debt is treated as definitively established, an opposition generally can no longer be raised, and the creditor can move to enforcement, starting with a precetto (art. 647 and art. 480 c.p.c.).
Can I still oppose a decreto ingiuntivo after the deadline has passed?
Only in a narrow case. If you can prove you did not have timely knowledge of the decree because of a defect in service, or because of a fortuitous event or force majeure, you can file a late opposizione (opposizione tardiva), but never later than 10 days after the first act of enforcement against you (art. 650 c.p.c.).
Does filing an opposizione stop the creditor from collecting?
Not automatically. The opposition opens an ordinary court proceeding, but the judge can still grant the decree provisional enforceability while that proceeding is pending, and must grant it for any part of the debt you do not genuinely contest (art. 645 and art. 648 c.p.c.).
What proof does a creditor need to obtain a decreto ingiuntivo?
Written proof (prova scritta) of a liquid, due sum of money, such as an invoice, a signed IOU, correspondence acknowledging the debt, or an unpaid cheque, or a claim for professional fees covered by an approved tariff. The court can also grant the decree where the claim depends on a counter performance or condition, provided the creditor offers evidence making that performance or condition plausible (art. 633 c.p.c.).
What happens after a decreto ingiuntivo becomes final?
The creditor must serve an atto di precetto, giving at least 10 more days notice before enforcement and warning the debtor about debt composition procedures available to over indebted consumers. If payment still does not follow, the creditor can move to a pignoramento, a seizure of the debtor's assets, bank balances, or salary (art. 480 c.p.c.).
Sources and References
- art. 633 c.p.c., Condizioni di ammissibilità (decreto ingiuntivo)(normattiva.it).gov
- art. 641 c.p.c., Accoglimento della domanda (termine di 40 giorni per pagare od opporsi)(normattiva.it).gov
- art. 643 c.p.c., Notificazione del decreto(normattiva.it).gov
- art. 644 c.p.c., Mancata notificazione del decreto(normattiva.it).gov
- art. 645 c.p.c., Opposizione(normattiva.it).gov
- art. 647 c.p.c., Esecutorietà per mancata opposizione o per mancata attività dell'opponente(normattiva.it).gov
- art. 648 c.p.c., Esecuzione provvisoria(normattiva.it).gov
- art. 650 c.p.c., Opposizione tardiva(normattiva.it).gov
- art. 480 c.p.c., Forma del precetto(normattiva.it).gov