Injunction of payment in Italy
To get payment of a credit with a payment injuction in Italy, the creditor has to start a monitory procedure through an application for judicial injunction. The application must be filed before the competent Judge. Competence depends on the value of the credit: Peace Judge is competent until 5000 euro. For higher values, the competent Judge is the Tribunal of First Instance. Given the above, it is possible to obtain either a provisionally enforceable payment injunction or a payment injunction that can be enforced once 40 days elapsed with no opposition of the debitor
Application for injunction payment shall be based on written evidence
More precisely, written evidences deemed as ‘adequate’ for the application in Italy are described as follows:
- Insurance policies and unilateral promises through private writings;
- Telegrams;
- Authentic extracts from accounting documents;
- Invoices (By now, Italian jurisprudence constantly stated that the invoices are adequate and sufficient – per se – written evidence).
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The written evidence is condition of admissibility for applying for a payment injunction in Italy
This is an “inaudita altera parte” procedure, which provides no contradictory between the parties. In this procedure, the judge issues payment injunction on the solely basis of the written evidence submitted, according to simplified procedure rules. The payment injunction obtained is susceptible to provisional enforcement, in other words it can be executed immediately. The debtor can oppose and challenge the injunction, but if this does not happen, since the judge has considered the submitted evidence valid, The injunction is likely to acquire value of ‘stare decisis’ (definitive, no-more-appealable, judgement) between the parties and is enforceable against the debtor Injunction of payment in Italy
The written evidence in the Judicial Decision in Italy
To obtain the credit, the creditor must provide a written evidence. The written evidence of the credit may be:
- An invoice
- A unilateral promise of payment
- A private writing, policy, telegram, etc.
- An accounting writing notarized and regularly held, even expired
- A photocopied bank cheque or other credit/debit instruments
The atypical written evidence of the payment injunction in Italy
For instance, the creditor can submit an atypical written evidence for obtaining a payment injunction of his or her credit and the judge may state it as suitable:
- Telefax
- Electronic documents such as e-mails
- The report of an assembly
The type of credit
In order to obtain an injunction of payment, the credit must be:
- Certain: When the obligation and the amount of the credit (c.d. an debeatur and quantum) is determined or is not controversial in existence
- Of a fixed amount: When the amount of the credit is certainly determined or determinable in its amount, and it is not stated in a generic way, or determined only in its genre;
- Due: when it is not subject to a standstill (suspension) clause or when the deadline for paying has already expired.
Provisionally enforceable payment injunction in Italy
If the nature of the credit and the written evidence aimed at obtaining a payment injunction have the characteristics listed above, obtaining an order for payment by the Judge is simple, fast (30 days) and can also be provisionally enforceable. For more information on simplified procedures for credit recovery and legal advice on Italian and cross-border transactions, contact International legal law firm Damiani & Damiani & Services. First advice is free.
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