News · Civil law · – July 2026

Recovery of trade receivables: payment orders, written evidence and default interest

TOPIC
Order-for-payment protection under Articles 633 et seq. of the Code of Civil Procedure and late payments in commercial transactions (Legislative Decree 231/2002).

Invoices accompanied by a certified extract of the accounting records constitute written evidence suitable for a payment order; provisional enforceability may be requested under Article 642 of the Code of Civil Procedure where the claim is based on qualified instruments or there is a risk of serious harm from delay, and in any event obtained under Article 648 in case of dilatory opposition.

In transactions between businesses, default interest accrues automatically from the due date at the ECB rate plus eight points, in addition to the forty-euro lump sum for recovery costs: items often forgotten that significantly increase the amounts recovered.

IN PRACTICE
Before filing, complete the documentary file: contract or order, signed delivery notes, invoices, notarial extract of the accounting records and reminders via certified email (PEC). The quality of the file determines timing and enforceability.

Summary note by the CommercialistiAvvocati network, based on specialised legal and practice sources. The text does not reproduce original contributions and does not constitute professional advice.

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