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Enforcement Proceedings in Italy

Enforcement proceedings and debt recovery mechanisms in Italy constitute one of the most frequently consulted legal issues for creditors. In particular, businesspersons, investors, and individual creditors residing in Türkiye often encounter difficulties in collecting receivables from debtors located in Italy. In this context, having a clear understanding of how enforcement proceedings are initiated and conducted in Italy is of critical importance for the effective recovery of claims.

The enforcement process in Italy is governed not only by domestic law but also, in certain circumstances, by European Union regulations.

How Are Enforcement Proceedings Conducted in Italy?

Enforcement proceedings in Italy are carried out through the courts. In the event of non-payment of a debt, the creditor may apply to the competent court and request the issuance of a Payment Order (Decreto Ingiuntivo). In order for such an order to be granted, the existence of the debt must be substantiated by written evidence.

Stages of Enforcement Proceedings in Italy

  • Application: The creditor or their legal counsel files an application with the competent court, submitting the required documentation.
  • Payment Order: Upon review of the documents, the judge issues an official payment order instructing the debtor to pay the outstanding amount.
  • Objection Period: The debtor generally has 40 days to lodge an objection against the payment order.
  • Finalization: If no objection is raised within the prescribed period, the payment order becomes final and enforceable.
  • Enforcement Measures: Attachment (seizure) may be imposed on the debtor’s movable and immovable property, bank accounts, or income.

Methods of Debt Recovery in Italy

Payment Order (Decreto Ingiuntivo) Procedure

The issuance of a payment order is the fastest and most commonly used enforcement method under Italian law. However, specific legal requirements must be satisfied for its successful application.

Written Evidence Requirement

The statutory requirement of “written evidence” is fundamental to this procedure. The submitted documents must prove the existence, amount, and parties to the debt in a clear and indisputable manner.

Examples of Acceptable Written Evidence

  • Contracts signed by the parties
  • Negotiable instruments bearing the debtor’s signature (cheques, promissory notes, bills of exchange)
  • Official invoices

Procedure

  • The judge examines the documents submitted by the creditor.
  • If deemed sufficient, a payment order is issued and served on the debtor.

Objection

  • The debtor may object to the payment order within 40 days from the date of service.
  • If an objection is filed, the proceedings transform into ordinary litigation, during which both parties submit evidence.
  • If no objection is filed, the payment order becomes final and enforcement proceedings commence.

Provisionally Enforceable Payment Orders (Provvisoriamente Esecutivo)

In certain cases, the judge may declare the payment order immediately enforceable, without waiting for the expiration of the 40-day objection period.

Mandatory Cases (Judge Must Grant)

  • Negotiable instruments (cheques, promissory notes, bills of exchange)
  • Notarial deeds
  • Stock exchange liquidation certificates
  • Condominium or apartment management fee debts

Discretionary Cases (At the Judge’s Discretion)

  • Situations where delay would cause serious harm to the creditor (e.g., salary or compensation claims)
  • Written documents signed by the debtor constituting strong and conclusive evidence (e.g., payroll statements)

Procedure

  • If the conditions are met, the judge declares the order provisionally enforceable.
  • The creditor may immediately initiate attachment or other enforcement actions without waiting 40 days.
  • The debtor may still object; however, enforcement measures may already be underway.

Note:

If, during the substantive proceedings, the debtor obtains a decision in their favor (e.g., revoking or amending interim measures), the provisionally enforceable order may be annulled or rendered ineffective.

Key Distinction

  • Ordinary payment order: Issued based on sufficient written evidence, subject to a 40-day waiting period.
  • Provisionally enforceable payment order: Immediate enforcement permitted due to strong evidence or urgent circumstances.

In all cases, written evidence is required; however, what differentiates these procedures is the degree of certainty and incontestability of the evidence.

Role of European Union Regulations

For creditors based in Türkiye, one of the most critical issues is that Türkiye is not an EU Member State and therefore cannot directly benefit from intra-EU enforcement facilitation mechanisms. However, if the underlying transaction occurred within an EU Member State and the creditor has residence rights, corporate presence, or a comparable legal connection in that state—and a court decision has been obtained—the situation may differ.

In such cases, enforcement in Italy may be possible under the European Payment Order or European Enforcement Order mechanisms.

European Procedures

  • European Payment Order (Regulation (EC) No. 1896/2006): Applicable exclusively between EU Member States; it cannot be used directly from Türkiye.
  • European Enforcement Order (Regulation (EC) No. 805/2004): Also applicable solely among EU Member States.

Legal Framework Between Türkiye and Italy

There is no bilateral agreement between Türkiye and Italy providing for expedited or enhanced cooperation in enforcement matters. Therefore:

  • Creditors seeking to enforce a Turkish court judgment in Italy must first obtain recognition and enforcement (exequatur) of the judgment before Italian courts.

Conditions for Recognition and Enforcement in Italy

An Italian court will recognize and enforce a Turkish judgment if the following conditions are met:

  • Final Judgment: The decision must be final and binding under Turkish law.
  • Public Policy Compliance: The judgment must not contravene fundamental principles of Italian public order.
  • Jurisdiction: The Turkish court must have had proper jurisdiction under Turkish law.
  • No Conflicting Decision: There must be no contradictory Italian judgment on the same matter.
  • Procedural Fairness: The parties’ rights to a fair trial and due process must have been respected.

Once these conditions are examined and satisfied, the Italian court issues a recognition and enforcement decision. Thereafter, the Turkish judgment becomes enforceable in Italy as if it were an Italian court decision.

Enforcement Measures Following a Final Decision

Once a payment order becomes final or a favorable judgment is obtained, enforcement proceedings commence.

  • Enforcement Authority:
     Enforcement actions are carried out by a court-appointed enforcement officer.

Types of Attachment

  • Bank Account Attachment: The debtor’s bank accounts are identified and frozen. The bank is obliged to transfer available funds to the creditor pursuant to the enforcement order. This is one of the most effective recovery methods.
  • Salary / Wage Garnishment: A legally prescribed portion of the debtor’s salary is seized through their employer.
  • Attachment of Movable Property: Valuable items, vehicles, machinery, and similar assets located at the debtor’s residence or workplace may be seized.
  • Attachment of Immovable Property: A judicial lien is placed on the debtor’s real estate (residential, commercial, or land). The property may subsequently be sold at auction, and the proceeds used to satisfy enforcement costs and the creditor’s claim.
  • Interim Measures (Precautionary Attachment): If there is a risk that the debtor may dissipate assets, the creditor may request precautionary attachment even while litigation is ongoing. This measure temporarily freezes assets and significantly strengthens the creditor’s position.

Scenario Where the Debtor Is in Türkiye and the Creditor Is in Italy

The reverse scenario is also common. In such cases, an Italian creditor may enforce a payment order or judgment obtained from Italian courts through Turkish enforcement offices, provided that the recognition and enforcement requirements under Turkish law are satisfied.

Duration and Costs of Enforcement Proceedings

The duration of enforcement proceedings in Italy varies depending on the nature of the case and the debtor’s conduct:

  • Simple payment orders may be concluded within a few months.
  • Contested cases may take several years.
  • Attachment proceedings depend on the debtor’s asset situation.

Costs include attorneys’ fees, court charges, and translation and certification expenses. Although these costs are initially borne by the creditor, they may ultimately be recovered from the debtor upon successful enforcement.

Common Challenges in Debt Recovery in Italy

  • Lack of Debtor Assets: If the debtor has no attachable assets, recovery may be significantly delayed.
  • Objections: Debtor objections prolong the process by converting enforcement into litigation.
  • International Documentation: Translation and legalization of foreign documents may be time-consuming.

Enforcement proceedings in Italy play a vital role in protecting creditors’ rights. While conducting such proceedings in a foreign jurisdiction may appear complex, effective and professional management can lead to successful outcomes. With accurate guidance and appropriate procedural steps, both domestic and international mechanisms can be applied efficiently.

For further information and professional assistance, please feel free to contact us.