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Debt collection in Italy: claim your money from Italian debtors

How to claim money from Italy

Is an Italian customer not paying your invoice? Collection Company handles debt collection in Italy for foreign businesses, from the first formal demand to a court payment order (decreto ingiuntivo) and enforcement. Our local Italian lawyers know the procedures and courts, communicate with your debtor in Italian, and you keep one English-speaking contact throughout the process.

National coverage in Italy
Knowledge of local laws and regulations
Your own personal contact
Extensive advice on the legal process
Proven track record in international debt collection
Monitor the status of your case 24/7

Submit your claim before 4:00 p.m. and we'll start today!

Claim money from Italy: submit your case

Do you have a debt collection case in Italy? Please leave your contact information and one of our specialists will get in touch with you as soon as possible to discuss your case.

Are you a private individual looking to submit a claim? We refer you to our partner TodayIClaim →

Local debt collection specialists (specialista) for debt collection in Italy

Doing business in Italy brings with it many obstacles, such as the language. Not to mention the sometimes incomprehensible business mentality. We understand that and speak the language of your debtor. With the help of highly trained and local debt collection specialists who have a perfect command of Italian law, we obtain what you are entitled to. In this way we can collect quickly and efficiently. And you benefit: the sooner your claim is collected, the better.

Legal form of your debtor (status giuridico)

Trading parties in Italy can choose from several legal forms to conduct a business. The most common legal forms are:

Ditta individuale (sole proprietorship)
Società in nome collettivo (S.N.C)
Società a responsabilità limitata (S.r.l)
Società per azioni (S.p.a)

The legal form of your debtor affects the liability and therefore the recoverability of your claim. Our collection strategy for debt collection in Italy is perfectly attuned to the legal form of your debtor. Perhaps your debtor is not acting in the form of a profession and/or company at all, but as a private individual. In this case, too, our Italian debt collection service certainly offers possibilities.

We start out of court in every Italian debt collection case. We will explain why.

Extrajudicial phase (procedura extragiudiziale)

Once we have entered your claim into our up-to-date system, we start immediately. Every Italian case starts out of court. In this phase, preferably a notice of default will be sent first. Via this formal notice, your debtor is given a final deadline to make payment. In the meantime, we have already formed the file with your case documents and your explanation. In most cases, your debtor will pay immediately. Thus, this stage already bears fruit.

During the out-of-court phase, you also have access to the Online Cockpit in which you can closely follow the progress of your case. You are in contact with your specialist about the progress. In this way you remain in control.

Our professionals summon your debtor in writing and by telephone. Sometimes your debtor proposes a payment plan or a settlement. We then consult with you. Sometimes agreeing on a payment plan is the best option.

Does your debtor not respond at all? Or does your debtor not offer enough? If so, there are many effective legal remedies, which we will explain below.

Judicial phase (fase giurisdizionale)

There are several legal procedures in Italy. We initiate such proceedings if no result has been achieved in the extrajudicial phase. The most common routes are explained here. We will be happy to discuss with you which procedure is appropriate for your case. We always strive for the best solution.

A. The Italian order for payment (Ingiunzione di pagamento or Decreto ingiuntivo)

This is a commonly used local Italian procedure in which your debtor is not involved. One of our local lawyers in Italy asks the competent court to order the debtor to pay. The court then issues a payment order (decreto ingiuntivo). Your debtor has 40 days to file an opposition with the court that issued it. If no opposition is filed in time, the court declares the order enforceable at our request. Before any seizure we serve the order together with a formal demand to pay (precetto), which gives your debtor at least 10 more days. Incidentally, very few debtors in Italy actually put up a defence. That makes debt collection in Italy successful as well. Does your debtor file an opposition? Then, under the guidance of our lawyer, the case continues in proceedings on the merits.

B. European Payment Order Procedure

This procedure is usually the most ideal judicial procedure. The procedure is short, inexpensive and simple. We then file an application for you with the local court. We ask the court to order your debtor to pay. The court then summons your debtor to pay, whereupon the debtor has 30 days to object. No objection? Then the Italian debt collection lawyer can ask the court to issue a so-called declaration of enforceability. This allows for an immediate seizure. Your debtor cannot do anything against this. This also makes the procedure successful.

If your debtor disputes the claim (if he disagrees with it), we must start proceedings on the merits (Processo ordinario di cognizione). The Italian debt collection specialist can advise you on this, so that you know where you stand. Together with you, the debt collection agency directs, monitors the progress and remains the point of contact for your debt collection in Italy.

C. Main proceedings (Processo ordinario di cognizione)

For all claims over which there is a dispute (a disputed claim), our specialists initiate so-called proceedings on the merits. It is important that the claim you have can be substantiated with evidence. We will help you with this so that you are not alone. We are familiar with the fact that, when trading with Italians, many things are agreed verbally and in good faith.

No problem, because in proceedings on the merits one or more hearings can be organized. The claim will thus ‘come out’. Don’t forget that settlements are among the possibilities during such a process. It is not uncommon for us to be able to achieve a creditable settlement for you during the Italian debt collection process.

Arbitration (arbitrato)

Some contracts have what is called an arbitration clause. This means that you cannot just go to court, but must go to an arbitration board if you have a dispute about an unpaid bill, for example. In principle, Italian courts will not intervene in a dispute where there is a valid arbitration clause. Our Italian debt collection specialists can tell you whether this is necessary and how it works.

Bankruptcy (liquidazione giudiziale)

Bankruptcy is now called judicial liquidation (liquidazione giudiziale) in Italy. A creditor can file the petition without a prior judgment. The court does not open it if the overdue unpaid debts of the debtor total less than EUR 30,000, and it applies only to commercial businesses above the small-business thresholds. The rules are strict and the proceedings can take a long time. Given the above, we often advise our clients about other procedures for debt collection in Italy. Our debt collection specialists in Italy can tell you more about this.

Did you know that...

In Italy, the vast majority of businesses are family-owned? And that these have been owned by the same families for centuries?
It is advisable, if you send a reminder to an Italian debtor, to use a short payment term (e.g. 14 days)?
The time limit for an appeal is 30 days after service of the judgement?

Limitation periods in Italy (prescrizione)

Statutes of limitations are sneaky in Italy. Incidentally, time-barred claims can also be collected in Italy, as the debtor must invoke the statute of limitations himself. Experience shows that many debtors do not do this.

In principle, the general limitation period for debt collection in Italy is ten years. However, Italian law also has specific limitation periods. Below are a few examples of specific limitation periods.

Unlawful act: 5 years.
Claims arising from insurance issues: 2 years.
Claims arising from transport agreements: 1 year.

The period is interrupted by starting legal proceedings and by a formal demand for payment. Are you unsure which limitation period applies to your claim? Please contact one of our debt collection specialists for debt collection in Italy.

Collection Company: active throughout whole Italy

Collection Company is active throughout Italy. We have a broad and proven network and in-house know-how. We handle debt collection cases in all twenty regions (regioni) in Italy.

Sicily (Sicilia)
Sardinia (Sardegna)
Valle d’Aosta
Trentino-South Tyrol (Trentino-Alto Adige)
Friuli-Venezia Giulia
Piedmont (Piemonte)
Lombardy (Lombardia)
Liguria (Liguria)
Veneto
Emilia-Romagna
Tuscany (Toscana)
Umbria (Umbria)
Marche (Marche)
Lazio (Lazio)
Abruzzi (Abruzzo)
Molise
Campania (Campania)
Apulia (Puglia)
Basilicata (Basilicata)
Calabria (Calabria)

What do you need for your Italy debt collection?

No dossier is perfect. Together with you, we examine which documents and / or evidence are available. We would like to receive the following documents from you. It is not a problem if you do not have all the pieces. Send us what you do have. Our debt collection specialists Italy are happy to help you with this.

A copy of the agreements, for example an agreement, an e-mail message, fax message or simply a WhatsApp message or an SMS,
Copy of your invoices,
Copy of your reminders,
A copy of your terms and conditions,
Any proof of delivery.

How we help with claims in Italy

National coverage throughout Italy,
Customization in your file,
Fast procedures focused on results,
One point of contact in the Netherlands,
24/7 online access
Expert information and clarity beforehand
Proven track record.
European Payment Order (EPO)
Having judgments enforced (seizure in Italy)
Having various proceedings conducted under Italian law
Advising on contracts and conditions
Arranging for the order for the seizure of real estate
Providing credit information on debtors established in Italy
Civil claims against debtors in Italy, for example construction law, rent and lease, purchase and sale, labor law, agency agreement, transport, damages and wrongful acts
Other legal proceedings

Claim money from Italy: start today

Do you have something to claim in Italy? Or a dispute with an Italian debtor? If so, we can also help you. Please feel free to contact us at +31-(0)70-410 2800 or send us an e-mail. Joost Konings LLM, a debt collection specialist, can tell you more about the possibilities of debt collection in Italy and the collection of receivables (that are difficult to collect) from debtors based in Italy.

If you have any doubts, please feel free to contact us. Together with our debt collection specialists we can look at your claim.

Not sure whether your claim is collectable? Ask us for a second opinion.