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Collecting an unpaid invoice from an Italian customer

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In short: if an Italian customer does not pay, Italy's late-payment decree D.Lgs. 231/2002 can add interest and a €40 recovery sum, and the Italian payment order (decreto ingiuntivo) is the usual fast court route. Whether the decree applies depends on the law that governs your contract. Before spending on lawyers, check the debtor: Decisione (€49) shows registered real estate and linked companies, in Italian.

Part of the guide Vetting an Italian company or counterparty: a guide for US businesses.

Late-payment interest and the €40 sum

D.Lgs. 231/2002 applies to every payment made as consideration in a commercial transaction (art. 1, Normattiva: D.Lgs. 231/2002, art. 1). Statutory default interest is the reference rate (the rate applied by the European Central Bank to its most recent main refinancing operations) plus eight percentage points (art. 2, Normattiva: D.Lgs. 231/2002, art. 2). Interest runs from the day after the due date without a formal notice (art. 4, Normattiva: D.Lgs. 231/2002, art. 4). The creditor is also entitled to a flat €40 without formal notice, plus proof of any greater damage such as recovery costs (art. 6, Normattiva: D.Lgs. 231/2002, art. 6).

Whether this Italian decree governs your contract depends on the governing law and the facts. Read the clause before you quote the decree to the customer, and ask Italian counsel.

The Italian payment order

Under art. 633 of the Code of Civil Procedure, the creditor of a liquid sum of money can obtain a payment injunction (ingiunzione di pagamento) if the right is supported by written proof, such as an invoice and contract (Normattiva: Code of Civil Procedure, art. 633). The competent court is the one that would be competent for the ordinary claim (art. 637, Normattiva: Code of Civil Procedure, art. 637). The petition and the decree are served by authenticated copy, and service starts the case (art. 643, Normattiva: Code of Civil Procedure, art. 643).

Why the EU order for payment may not fit a US creditor

Regulation (EC) No 1896/2006 creates a European order for payment for uncontested cross-border money claims. Article 3 defines a cross-border case as one in which at least one party is domiciled or habitually resident in a Member State other than the Member State of the court seised (EUR-Lex: Regulation (EC) No 1896/2006). On that text, a US creditor suing an Italian debtor in an Italian court does not obviously satisfy it, because neither party is domiciled in a different Member State. Do not assume this route is open; ask Italian counsel.

Check the debtor before you spend

If the debtor is in insolvency proceedings, D.Lgs. 231/2002 does not apply to debts subject to them (art. 1, para. 2(a)); see Chapter 15 vs Italian insolvency proceedings. A judgment from a US court is a separate path, covered in US judgments in Italy and serving documents there.

Decisione (€49) shows registered real estate, links to other companies and restated financial statements; Istruttoria (€99) adds risk algorithms developed by expert risk managers; for an individual debtor, Verifica Persona costs €29 and Verifica Persona Estesa €49. Registered real estate is a fact about ownership, not a statement about what can be seized. Prices are one-off and in euros.

Every company product comes with a free Check anti-truffa (anti-scam check): it looks at the VAT number in the EU VIES register, free webmail or disposable email, domain age, domains flagged for malware or phishing, SPF and DMARC protection, the VAT number shown on the website, data breaches affecting the site, and whether the IBAN is correctly written and from a country consistent with the company.

The service and the report are in Italian, built from Italian official sources: company names, offices and procedures keep their original Italian wording. Veryfy does not offer a translated report.

Frequently asked questions

Do I need to send a formal notice to start interest running?

Under art. 4 of D.Lgs. 231/2002, default interest runs from the day after the due date without a formal notice. Check that the decree applies to your contract.

What is the statutory interest rate on late business payments in Italy?

The reference rate (the ECB's most recent main refinancing rate) plus eight percentage points, under art. 2 of D.Lgs. 231/2002.

Can I use the European order for payment as a US creditor?

Article 3 of Regulation 1896/2006 requires a party domiciled in a Member State other than that of the court seised, so it may not fit a US creditor and an Italian debtor in an Italian court. Ask Italian counsel.

More in this cluster

Hub: Vetting an Italian company or counterparty: a guide for US businesses. Related guides:

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Sources

Official sources opened and read on October 24, 2026 (2026-10-24).

General information, not legal advice. Sources verified on 2026-10-24.

Frequently asked questions

Do I need to send a formal notice to start interest running?

Under art. 4 of D.Lgs. 231/2002, default interest runs from the day after the due date without a formal notice. Check that the decree applies to your contract.

What is the statutory interest rate on late business payments in Italy?

The reference rate (the ECB's most recent main refinancing rate) plus eight percentage points, under art. 2 of D.Lgs. 231/2002.

Can I use the European order for payment as a US creditor?

Article 3 of Regulation 1896/2006 requires a party domiciled in a Member State other than that of the court seised, so it may not fit a US creditor and an Italian debtor in an Italian court. Ask Italian counsel.

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