The order for Payment in Italy: The Italian Ricorso per decreto ingiuntivo
Published by Liuzzi e Liuzzi International law firm in Italian Law · Monday 24 Jan 2022 · 3:00
Tags: injuction, in, Italy, order, for, payment, Italy, court, debt, collection, in, Italy
Tags: injuction, in, Italy, order, for, payment, Italy, court, debt, collection, in, Italy
The Order for Payment in ItalyLIUZZI e LIUZZIInternational Law & Tax FirmItaly- Spain
The Italian “ricorso per decreto ingiuntivo”
In accordance with article 633 of the Italian Code of Civil Procedure if the one who is creditor of a certain amount of money or of fungible goods or the one who has the right to receive movable property requests an order for payment to the competent Italian Court, the Judge will issue an injuction to pay or to do if:
- with the application for an order for payment in Italy written evidence must be submitted by the creditor
- the credit refers to fees for judicial assistance or extrajudicial one related to costs for paying the fees of lawyers, judicial secretaries, prosecutors, or any other one who has provided services during this proceeding
If the credit refers to fees, rights or reinboursement for the notaries according to what it is disposed by the Law of Notaries or to other people who exercise other professions or arts for whom exists a fee approved by the Law.
The order of payment in Italy in accordance with the Italian Law can be issued also if the right depends on a consideration or a condition if the claimant submits evidence to presume that the consideration or condition has been fulfilled.
What evidences are considered valid to apply for an injuction in Italy (decreto ingiuntivo)?
According to what establishes the Italian Code of Civil Procedure written evidence for the claim is required. (This can include cknowledgments of delivery and unilateral promises in writing).
When the claim concerns in Italy the supply of goods or services made by a business to another business but also to a person not engaged in professional or business activities, written evidence of the claim may also be authentic extracts from the accounts of the creditor enterprise, provided they are duly kept in the manner required by law. Also commercial invoices are considered a suitable written proof but they must be accompanied by the stamped copy from the claimant’s register of invoices.
Specific rules on supporting evidence apply to fee and reimbursement claims by lawyers, notaries and members of other professions, and to claims by the State and public authorities.
Liuzzi e Liuzzi International law & tax Firm in Italy and in Spain- Studio Legale Internazionale- Bufete Internacional de Abogados y economistas provides legal assistance to International companies and privates to collect their credits in Italy (or in Spain) and to submit an order for Payment in Italy (Decreto ingiuntivo) and also in Spain.
To ask for legal assistance in Italy reated to Italian Law click here. (Debt collection in Italy, Litigation in Italy, Legal Consulting & Assistance). To request legal consulting and assistance related to Spanish Law click here.
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