The decreto ingiuntivo (articles 633 et seq. of the Italian Code of Civil Procedure) is the procedure through which a creditor obtains from the court, without a prior hearing of the other side, an order to pay against the debtor. It is the fastest tool to turn a documented claim into an enforceable title.
Requirements
You need a claim that is certain, liquid and due — i.e. undisputed in its existence, determined in amount and already past due — and written evidence. For businesses, the typical evidence consists of invoices accompanied by a certified extract of the accounting records; for individuals, contracts, private agreements, acknowledgements of debt, cheques and promissory notes.
How it works
- Application. The lawyer files the application with the documents. If the judge considers the evidence sufficient, the order is issued without hearing the debtor.
- Service. The order is served on the debtor, who has 40 days to pay or file an opposition.
- Outcome. If no opposition is filed, the order becomes final and enforceable. If the debtor opposes it, ordinary proceedings begin in which the creditor must prove the claim in adversarial proceedings.
Provisional enforceability
In some cases the judge can declare the order provisionally enforceable immediately (art. 642 of the Code of Civil Procedure): when the claim is based on a promissory note, a cheque or other qualified instruments, or when delay would cause serious prejudice. In these cases the creditor can start enforcement even while an opposition is pending.
When it makes sense
A payment order makes sense when the documentation is solid, the debtor has assets or income that can be seized and the out-of-court route has failed. It does not make sense — or must be carefully assessed — when the claim is contestable on the merits (a well-founded opposition turns a fast procedure into ordinary litigation) or when the debtor is insolvent: you obtain a title, but not the money.
Costs and timelines
Costs include the court fee (proportional to the value), service costs and the lawyer's fee, largely awarded against the debtor in the order itself. The time to obtain the order ranges from a few weeks to several months depending on the court; an opposition considerably lengthens the process.
A well-prepared payment order is born before the courtroom: in the quality of the documents and in the analysis of the debtor.
In my method, the out-of-court phase also serves this purpose: when the file reaches the partner lawyers, it is already complete, with the counterparty analysed and the evidence organised. Every court step takes place under a direct mandate from the client to the lawyer.
