A customer who doesn't pay is a frequent situation, but that is no reason to handle it on instinct. There is a precise sequence of steps that maximises the probability of collection and reduces costs and timelines. Here it is, with reference to Italian practice.
1. Verify before you chase
Before writing to the customer, make sure the claim is solid: was the invoice issued correctly and received? Is the service documented (order, delivery note, acceptance report, confirmation email)? Are there open disputes? A reminder on a contestable claim weakens your position. This is also the moment to check the limitation periods.
2. The courteous reminder
The first contact is a courtesy: a written reminder, quoting the invoice details and a new, close payment date. Delay is often due to disorganisation rather than bad faith. A professional tone preserves the relationship and creates the first written trace.
3. The formal notice and demand for payment
If the reminder has no effect, the next step is the formal notice and demand for payment (diffida e costituzione in mora), sent by certified email (PEC) or registered letter with return receipt. The letter states the amount due (principal, interest, any costs), sets a peremptory deadline and warns of the consequences of non-payment. It has precise legal effects: it interrupts the limitation period and, between private parties, triggers late-payment interest. Between businesses, interest already accrues automatically from the due date (Legislative Decree 231/2002), but the formal notice remains the step that formalises the demand.
4. Negotiation
The formal notice almost always opens a dialogue. This is where a professional makes the difference: assessing the debtor's real ability to pay, proposing a repayment plan with guarantees and acceleration clauses, or a settlement when a quick closure is the better option. Every agreement must be in writing and, where possible, accompanied by an acknowledgement of debt.
5. The court phase
If the debtor does not cooperate, with suitable documentation (invoices together with a certified extract of the accounting records, contracts, acknowledgements of debt) a lawyer can apply for an Italian payment order (decreto ingiuntivo). Once the enforceable title is obtained, a writ of execution and attachment follow. Before this step, however, it is always worth verifying that the debtor has assets or income that can be seized: a title against a debtor with nothing is a cost, not a collection.
The best recovery is the one that closes at step three. The second best is the one that reaches step five with the file already prepared.
How long does it take?
Steps one to four usually take from a few weeks to two months. The court phase depends on the court and on whether an opposition is filed. This is why initial preparation — documents in order, counterparty analysed — is the real accelerator.
