Decreto Ingiuntivo: The Italian Fast-Track for Foreign Creditors

What is a Decreto Ingiuntivo?

A decreto ingiuntivo is an Italian court order requiring a debtor to pay a specified sum of money, issued on the basis of documentary evidence submitted by the creditor.

The procedure is governed by Articles 633–656 of the Italian Code of Civil Procedure and is one of the most efficient mechanisms available for recovering a well-documented debt in Italy.

The main advantage is procedural: the creditor can apply to the court without a preliminary hearing and without the debtor being heard before the order is issued.

Depending on the competent court, the complexity of the claim and the court's workload, an order may often be obtained within a matter of weeks.

For foreign creditors, this can provide a highly effective alternative to commencing full ordinary proceedings against an Italian debtor.

When is it available?

A decreto ingiuntivo is generally available where the creditor has a claim for a liquid sum of money and can provide adequate written evidence of the debt.

Relevant evidence may include:

• 01Contracts and purchase orders
• 02Invoices
• 03Delivery notes and transport documents
• 04Evidence of performance of services
• 05Emails and other business correspondence
• 06PEC communications
• 07Written acknowledgements of the debt
• 08Payment records and account statements
• 09Accounting records, where the statutory requirements are met

The strength of the case depends not simply on the existence of an unpaid invoice, but on whether the documentary evidence as a whole establishes the claim sufficiently for the court to issue the order.

For certain commercial claims, Italian law expressly recognises accounting records as written evidence. Electronically issued invoices transmitted through the Italian Sistema di Interscambio (SDI) may also constitute written evidence for the purposes of the procedure.

Provisional enforceability

In appropriate circumstances, the creditor may ask the court to declare the decreto ingiuntivo provisionally enforceable (provvisoriamente esecutivo) under Article 642 of the Italian Code of Civil Procedure.

This is particularly important where there is a legal basis for immediate enforcement, for example because the claim is supported by certain signed documents or negotiable instruments, or where there is a serious risk of prejudice resulting from delay.

Where provisional enforceability is granted, the creditor may be able to commence enforcement proceedings before the decree becomes final.

Depending on the debtor's assets, enforcement may include attachment of:

• 01Bank accounts
• 02Receivables owed by third parties
• 03Movable assets
• 04Real estate
• 05Other assets located in Italy

Provisional enforceability is not automatic and must be assessed on the facts and documents of each case.

What happens after the decree is issued?

The decreto ingiuntivo must be served on the debtor.

The debtor normally has 40 days from service to file an opposizione a decreto ingiuntivo, subject to specific exceptions provided by law.

If no opposition is filed within the applicable period, the creditor can obtain a declaration of final enforceability and proceed with enforcement.

If the debtor files an opposition, the dispute continues as judicial proceedings before the competent Italian court. The original decree remains an important procedural element, but the underlying claim will then be examined in adversarial proceedings.

Accordingly, a creditor should apply for a decreto ingiuntivo only after assessing not only the documentary evidence, but also the likelihood and consequences of a potential opposition.

Practical checklist for foreign creditors

• 01Contract or purchase order — the agreement, purchase order or other document establishing the contractual relationship.
• 02Invoices — the unpaid invoices, identifying the Italian debtor correctly and specifying the relevant transactions.
• 03Evidence of performance — delivery notes, CMRs, transport documents, service reports, acceptance documents or other evidence showing that the creditor performed its obligations.
• 04Correspondence — emails, PEC communications, payment requests and, particularly, any correspondence in which the debtor acknowledges the debt.
• 05Payment history — bank statements and other evidence of previous payments, partial payments or outstanding balances.
• 06Corporate documentation — documents identifying the creditor and, where necessary, its legal representative and authority to act.
• 07Translations — documents in languages other than Italian may need to be translated; we assess the appropriate translation requirements before filing.

How our international practice approaches the case

We begin with a documentary assessment of the claim.

Our preliminary review considers whether the claim is suitable for a decreto ingiuntivo, whether provisional enforceability may be available, what evidence should be filed and whether any jurisdictional or procedural issues need to be addressed.

Where the case is suitable, we prepare and file the ricorso per decreto ingiuntivo, the supporting documentation and, where appropriate, the application for provisional enforceability before the competent Italian court.

The objective is straightforward: to turn a well-documented unpaid debt into an enforceable Italian title as efficiently as possible.