The Italian Injunction Decree (Decreto Ingiuntivo): A Complete Guide for Foreign Creditors

The decreto ingiuntivo — the Italian injunction decree — is the most commonly used judicial instrument for debt recovery in Italy. It allows a creditor to obtain an enforceable court order quickly and without a full adversarial trial, provided the claim is supported by written documentary evidence. For foreign creditors dealing with Italian debtors, understanding how this procedure works is essential before initiating any judicial action.

This guide provides a complete explanation of the decreto ingiuntivo procedure under Articles 633 et seq. of the Italian Code of Civil Procedure — from the requirements for filing to enforcement measures once the decree becomes final. For a broader overview of all phases of debt recovery in Italy, see our complete guide on how to recover an unpaid debt in Italy from abroad.

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What Is the Decreto Ingiuntivo and Why It Is Used

The decreto ingiuntivo is a summary judicial procedure that allows a creditor to obtain an injunction — a court order requiring the debtor to pay a sum of money, deliver a specified quantity of fungible goods, or hand over a specific movable asset — without the need to initiate a full adversarial civil trial.

The key feature that makes it so efficient is that it is issued ex parte — the court examines only the creditor’s petition and supporting documentation, without hearing the debtor. The debtor learns of the decree only when it is served on them by the judicial officer. This significantly accelerates the process compared to ordinary civil proceedings, where both parties must be heard before any order is made.

The procedure is governed by Articles 633 to 656 of the Italian Code of Civil Procedure and is available for claims that are:

• Based on a right to payment of a sum of money that is liquid (quantifiable in amount) and enforceable (due and payable)
• Based on a right to delivery of a specific quantity of fungible goods or a specific movable asset
• Supported by written documentary evidence establishing the existence of the claim

For most commercial debt recovery matters — unpaid invoices, outstanding contractual payments, credit notes — the decreto ingiuntivo is the appropriate starting point once the out-of-court phase has failed to produce payment.

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Requirements for Filing: Written Proof Is Essential

The most important requirement for obtaining a decreto ingiuntivo is written proof of the credit. The creditor must attach documentary evidence to the petition that, in the court’s assessment, sufficiently establishes the existence and amount of the claim. Typical documents include:

• Commercial contracts signed by both parties
• Invoices issued to the debtor and not formally contested
• Delivery notes, purchase orders or other commercial documents confirming the underlying transaction
• Written acknowledgements of debt by the debtor
• Bank statements showing partial payments that confirm the existence of the debt
• Professional fees certificates for claims by professionals regulated under specific tariff systems
• Promissory notes, cheques or bills of exchange

For foreign creditors, documents produced outside Italy must be translated into Italian by a certified sworn translator before they can be attached to the petition. If the debtor’s signature on any document needs to be authenticated, additional steps may be required depending on the country of origin.

If the available evidence is insufficient for a decreto ingiuntivo — for example, because the agreement was entirely oral — the creditor must pursue the claim through ordinary civil proceedings, where a wider range of evidence (including witness testimony) is admissible.

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Which Court Is Competent

Jurisdiction over decreto ingiuntivo petitions is determined by two factors: the value of the claim and the location of the debtor.

• Claims up to €5,000: the Justice of the Peace (Giudice di Pace) is competent. For claims up to €1,100, the creditor may appear in person without legal representation
• Claims above €5,000: the Civil Court (Tribunale) is competent. Legal representation by an Italian lawyer is mandatory for all petitions before the Tribunale
• Claims against a business: where the claim arises from a commercial relationship between two businesses, the court of the defendant’s registered business address is generally competent, unless the contract specifies a different forum

For foreign creditors, determining the correct competent court requires a careful analysis of the debtor’s location, the nature of the claim and any forum selection clause in the underlying contract. Filing in the wrong court results in the petition being declared inadmissible.

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The Petition: What It Must Contain

The petition for a decreto ingiuntivo must be filed electronically with the registry of the competent court and must include the following elements, as established by Articles 125 and 638 of the Italian Code of Civil Procedure:

• Identification of the competent court
• Full identifying details of both the creditor and the debtor — name or company name, address, tax identification number
• Name, tax code, PEC address and professional details of the creditor’s Italian lawyer
• A precise description of the claim — the amount owed, the legal basis, the original due date
• Calculation of interest accrued and legal costs
• The documentary evidence supporting the claim, attached to the petition
• Where applicable, a request for provisional enforceability under Article 642 of the Code of Civil Procedure
• The formal conclusions requesting the issuance of the injunction decree
• The lawyer’s proxy and signature

Once filed, the petition cannot be withdrawn until the expiry of the opposition period indicated in the decree (generally 40 days), under Article 641 of the Code of Civil Procedure.

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The Court’s Decision: Three Possible Outcomes

After the petition is filed, the court examines it within 30 days and reaches one of three decisions:

Acceptance: The Decree Is Issued

If the court finds that the requirements are met and the documentary evidence is sufficient, it issues the decreto ingiuntivo. The decree orders the debtor to pay the amount claimed (or deliver the goods) within 40 days of notification, failing which the creditor may proceed to enforcement. The decree also liquidates the creditor’s legal costs, which become payable by the debtor.

Request for Supplementary Evidence

If the court considers the petition insufficiently supported, it may invite the creditor to provide additional evidence within a specified period. Failure to do so results in rejection of the petition.

Rejection

If the required conditions are not met — for example, because the credit is not enforceable or the evidence is insufficient — the court rejects the petition through a reasoned decree. A rejected petition cannot be appealed directly. The creditor may re-file a new petition if the deficiencies can be remedied, or pursue the claim through ordinary civil proceedings.

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Provisional Enforceability: Accelerating Recovery

In standard cases, the decreto ingiuntivo becomes enforceable only after the 40-day opposition period expires without the debtor filing an opposition. However, in certain circumstances, the creditor can request — or the court can grant of its own motion — provisional enforceability (esecutorietà provvisoria), which allows enforcement to begin immediately upon notification of the decree, without waiting for the opposition period to expire.

Provisional enforceability is available in the following cases, under Article 642 of the Code of Civil Procedure:

• The claim is based on a promissory note (cambiale), a cheque (assegno), a stock exchange settlement certificate or a notarial deed
• There is a risk of serious prejudice from the delay — for example, where there are indications that the debtor is dissipating assets
• The creditor attaches a document signed by the debtor that proves the claimed right

Where provisional enforceability is granted, the creditor can begin enforcement proceedings within 10 days of notification of the decree, without waiting for the 40-day period. The debtor retains the right to oppose the decree, but enforcement can proceed concurrently unless the court suspends it on the debtor’s application.

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Notification and the 40-Day Opposition Period

Once issued, the decreto ingiuntivo must be served on the debtor — together with a copy of the petition and all attachments — by the judicial officer within 60 days of the decree’s deposit in the court registry. Failure to notify within 60 days renders the decree ineffective.

From the date of notification, the debtor has 40 days to:

• Pay: the most straightforward outcome — the debtor pays the amount ordered and the matter is resolved
• File an opposition (opposizione): the debtor contests the decree by filing a summons before the competent court. This converts the summary procedure into an ordinary adversarial civil trial, with all the consequent extension of time and costs
• Do nothing: if the debtor neither pays nor files an opposition within 40 days, the decree becomes final and immediately enforceable. The creditor can request the court to affix the executive formula (formula esecutiva) and proceed to enforcement

Once the decree becomes final — either through the debtor’s failure to oppose or through a judgment dismissing the opposition — it remains valid as an enforceable title for ten years from the date of notification.

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Enforcement: Recovering the Debt Once the Decree Is Final

Once the creditor holds a final and enforceable decreto ingiuntivo, enforcement proceedings can begin. The first step is to serve the debtor with the enforceable title together with a formal payment demand (precetto), giving the debtor a final opportunity to pay voluntarily within a minimum period of 10 days. If the debtor does not pay, the creditor can initiate compulsory enforcement measures.

The main enforcement tools available under Italian law are:

• Third-party attachment (pignoramento presso terzi, Article 543 c.p.c.): the most commonly used measure — attachment of bank accounts, salaries or other credits owed to the debtor by third parties. This is generally the fastest and most effective enforcement tool for commercial claims
• Movable asset seizure (pignoramento mobiliare, Articles 513 et seq. c.p.c.): attachment of the debtor’s movable property — vehicles, equipment, inventory, cash on the debtor’s premises
• Real estate foreclosure (pignoramento immobiliare, Articles 555 et seq. c.p.c.): attachment and forced sale of the debtor’s real estate. This is the most complex and time-consuming enforcement procedure and is generally used only for significant claims where the debtor owns property that is not otherwise encumbered

Before initiating enforcement, it is advisable to conduct a preliminary assessment of the debtor’s assets — checking land registry records for real estate ownership, the Public Automobile Registry for registered vehicles, and obtaining information on bank accounts and third-party credits where possible. This preliminary analysis allows the creditor to select the most effective enforcement measure and avoid investing in proceedings against a debtor who has no attachable assets.

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What Happens If the Debtor Files an Opposition

If the debtor files an opposition to the decreto ingiuntivo within the 40-day period, the procedure is converted into ordinary civil proceedings. The court schedules a hearing and the matter is litigated as a standard civil dispute, with both parties presenting their arguments and evidence.

Where the decree was granted with provisional enforceability, enforcement can continue during the opposition proceedings unless the court, at the debtor’s request, suspends provisional execution. The court will suspend provisional execution only if there are serious grounds to do so — for example, if the opposition raises substantial legal arguments or if enforcement would cause irreparable harm to the debtor.

The duration of opposition proceedings varies considerably depending on the court. A favourable outcome for the creditor results in a judgment confirming the decree, which becomes the enforceable title for subsequent enforcement. An unfavourable outcome means the decree is revoked and enforcement ceases.

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Practical Considerations for Foreign Creditors

Foreign creditors filing a decreto ingiuntivo petition in Italy should be aware of several specific practical points:

• Power of attorney: a foreign company or individual must grant a formal power of attorney to the Italian lawyer filing the petition. This must be signed before a notary in the creditor’s country, apostilled and translated into Italian
• Document translation: all supporting documents in a language other than Italian must be accompanied by sworn Italian translations before they can be attached to the petition
• No physical presence required: the entire procedure — from filing to enforcement — can be managed by the Italian lawyer on the creditor’s behalf without any requirement for the creditor to travel to Italy or appear in court
• Costs recovery: if the decree is accepted and the debtor does not file an opposition, the legal costs of the procedure are recoverable from the debtor as part of the decree

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Frequently Asked Questions

How long does it take to obtain a decreto ingiuntivo?

Once the petition is filed, the court generally examines it within 30 days. If the decree is uncontested, it becomes final and enforceable 40 days after notification to the debtor — meaning the entire process from filing to an enforceable title can often be completed within 3 to 4 months. If the debtor files an opposition, the proceedings are significantly extended.

Can a foreign company file a decreto ingiuntivo in Italy?

Yes. A foreign company has full standing to file a petition for a decreto ingiuntivo before Italian courts, provided the competence requirements are met. The petition must be filed by an Italian lawyer acting under a duly authenticated power of attorney, and all foreign-language documents must be translated.

What if I already have a court judgment from my country — can I use it in Italy?

A judgment obtained in another EU country can generally be enforced in Italy directly under EU Regulation No. 1215/2012 (Brussels I Recast), without the need for a separate decreto ingiuntivo. For judgments from non-EU countries, a recognition procedure must first be completed before Italian enforcement can begin. See our article on how to recover an unpaid debt in Italy from abroad for more detail.

Can a decreto ingiuntivo be obtained without a written contract?

Not easily. The procedure requires written proof of the credit. If the only evidence available is an invoice, it may be sufficient if the invoice was sent to the debtor and not formally contested. If there is no written evidence at all, the claim must be pursued through ordinary civil proceedings, where oral testimony and other non-documentary evidence is admissible.

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Request an Initial Legal Assessment

If you are based abroad and have an unpaid debt involving an Italian debtor, contact our Italian debt collection lawyer to request an initial legal assessment. We will review the available evidence, assess whether the conditions for a decreto ingiuntivo are met and advise on the most appropriate course of action under Italian law.odacqua