Via Amilcare Ponchielli, 3, Trieste

Debt collection

Letters of demand and payment orders

An unpaid invoice, a loan not repaid, a fee that never arrives. Often a letter of demand written by a lawyer is enough to unblock the situation; when it is not, the payment order (decreto ingiuntivo) is the quickest tool to obtain an enforceable title.

Please note: consultations are held in Italian. If you do not speak Italian, you are welcome to bring an interpreter or a trusted person who speaks Italian.

When this help may be useful

  • Businesses and professionals with unpaid invoices
  • Individuals who lent money and did not get it back
  • Condominiums that need to recover unpaid contributions
  • You have received a payment order and want to assess an objection

The out-of-court stage

The first step is the letter of demand (diffida): a formal letter stating the amount due and a deadline for payment. Many debtors pay at this point, or propose a repayment plan. The letter also interrupts the limitation period.

The payment order

If payment does not arrive and the debt is proven in writing, I ask the judge for a payment order (decreto ingiuntivo): an order to pay issued without ordinary proceedings. The debtor has forty days to object; if they do not, the order becomes final. With certain documents, such as cheques or bills of exchange, the order can be immediately enforceable.

The process, step by step

  1. Check of the documents and the debt
  2. Formal letter of demand
  3. Application for a payment order
  4. Enforcement if the debtor does not pay

Frequently asked questions

What happens if the debtor objects to the order?

Ordinary proceedings begin in which the judge assesses both parties' arguments. If the debt is well documented, the order can be declared provisionally enforceable even during the proceedings.

Is it worth acting for small amounts?

It depends on the amount, the evidence and the debtor's ability to pay. Legal costs can be charged to the debtor, but before starting I always assess with you whether the action makes economic sense.

Can the debtor offer to pay in instalments?

Yes, and it is often a good solution. A well-written repayment plan, stating what happens if an instalment is not paid, protects the creditor.

The information on this page is general, refers to Italian law and is not a substitute for advice on your specific case.

The first step is to talk about it

Tell me about your situation. I will reply personally and, if you wish, we will arrange a consultation at the office or by video call. You will always receive a written quote before any work begins.

Please note: consultations are held in Italian. If you do not speak Italian, you are welcome to bring an interpreter or a trusted person who speaks Italian.

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