A decreto ingiuntivo is a court payment order. A creditor — a bank, a landlord, a supplier, a person — asks a judge (the Giudice di Pace or the Tribunale) for it with written proof of the debt, such as an invoice, a contract or a cheque. The judge decides without hearing you; you learn about it when the order is served on you, by a court bailiff or by post as atti giudiziari.
The 40 days
- Oppose it (opposizione) within 40 days of service — 50 days if you live in another EU country, 60 if you live elsewhere (art. 641 of the Code of Civil Procedure). The judge can shorten or lengthen the period: the decree states the one that applies.
- The opposition is a lawsuit against the creditor, filed through a lawyer. It is where you say that the debt is not owed, is smaller or was paid.
- Court periods pause from 1 to 31 August. Enter the day it was served on this page and the site counts the last day with that pause.
Without an opposition
The order becomes final and enforceable like a judgment. The creditor then serves a precetto — a last demand to pay within at least 10 days — and can seize money in Italian bank accounts, wages or property. A final Italian order can also be enforced in another EU country.
"Provvisoriamente esecutivo"
If the decree says it is provisionally enforceable — for example when it rests on a cheque, a bill of exchange or a notarial deed — the creditor can enforce it at once, even while you oppose it. In the opposition you can ask the judge to suspend that.
A European order for payment
A claim from another EU country can come instead as a European order for payment (a standard form under EU Regulation 1896/2006); the period to object to it is 30 days. A lawyer for debt matters or contract disputes can file the opposition within the period.
Prepared by Legal Help Tool. Last updated . General information, not legal advice.
