Decreto Ingiuntivo: the Italian Fast-Track for Foreign Creditors

What it is

The decreto ingiuntivo is a court-issued order that directs an Italian debtor to pay a specific sum, based solely on documentary evidence submitted by the creditor. It is regulated by articles 633–656 of the Italian Code of Civil Procedure and is one of the fastest procedural tools available in the Italian civil system.

The order can be obtained without a hearing, without cross-examination, and — in most cases — within four to eight weeks of filing. It is particularly well suited to foreign creditors who need to convert an unpaid invoice into an enforceable title without engaging in a full ordinary proceeding.

When it is available

The procedure is available when the credit is (i) certain, liquid and enforceable, and (ii) supported by written evidence such as invoices, contracts, delivery notes, correspondence acknowledging the debt, or bank statements. For claims arising from trade, an invoice countersigned by the debtor or a bookkeeping entry from the creditor's registered accounts (registri contabili) is generally sufficient.

Provisional enforceability

On motion by the creditor, the court can grant immediate enforceability under article 642 c.p.c. — meaning the creditor can begin enforcement (attachment of bank accounts, real estate, receivables) even before the debtor has been served, provided specific conditions are met (e.g., signed invoice, promissory note, bill of exchange, or serious risk of prejudice).

The debtor's reaction

Once served, the debtor has forty days to file an opposition (opposizione a decreto ingiuntivo). If no opposition is filed, the order becomes final and fully enforceable. If opposition is filed, the case converts into an ordinary proceeding — but the burden of proof effectively shifts, and interim measures already granted typically remain in place.

Practical checklist for foreign creditors

• 01Original contract or purchase order, signed by both parties where possible.
• 02Invoices bearing the correct fiscal identifiers of the Italian debtor.
• 03Proof of delivery / performance (transport documents, DDT, service reports).
• 04Written correspondence acknowledging the debt (email, PEC exchanges).
• 05For non-EU claimants, a certified translation of the underlying contract is often advisable.

How our Foreign Desk approaches it

We produce a preliminary feasibility memo in English within a few working days, indicating whether the file is decreto-ingiuntivo-ready or whether an ordinary proceeding is preferable. Where the file is ready, we prepare the ricorso, the annexes, and the request for provisional enforceability, and file it before the competent Italian tribunal.