How to Prepare a Payment Order Application: Template and Guide

Question from Messico, How to Prepare a Payment Order Application: Template and Guide

Answer from AI:

In Italy, a payment-order application is generally called a ricorso per decreto ingiuntivo. It is available where the creditor claims a definite, quantified, and due monetary debt, supported by written evidence, under Articles 633–656 of the Italian Code of Civil Procedure. (normattiva.it)

Preparing the application

The application should be addressed to the competent Tribunale or Giudice di Pace. Jurisdiction depends on factors such as the debtor’s residence, the place of performance, the amount claimed, and the nature of the dispute. The correct court should therefore be checked before filing.

The application should clearly identify:

• the creditor and debtor, including tax code, registered office or residence, and certified-email address where available;
• the amount claimed, including principal, contractual or statutory interest, and recoverable expenses;
• the legal and factual basis of the debt;
• the date on which payment became due;
• the written evidence supporting the claim;
• the request for a payment order and reimbursement of legal costs;
• where justified, a request for provisional enforceability under Article 642 of the Code of Civil Procedure.

Typical supporting documents include the contract, invoices, delivery documents, account statements, written acknowledgements of debt, correspondence, and evidence of any formal demand for payment. Documents should be numbered and referred to in the body of the application.

A lawyer generally files the application electronically through the Processo Civile Telematico. Self-representation is possible in limited circumstances, particularly before the Giudice di Pace for claims not exceeding €1,100; however, court-specific filing requirements may still be technically difficult. Official court guidance confirms that lawyers must generally use electronic filing, while required court charges and filing documents must accompany the application. (tribunale-milano.giustizia.it)

Basic template

TO THE [TRIBUNALE / GIUDICE DI PACE] OF [CITY]

APPLICATION FOR A PAYMENT ORDER
(Articles 633 et seq. Italian Code of Civil Procedure)

Applicant/Creditor:
[Full name or company name]
[Address / registered office]
[Tax code / VAT number]
[PEC address, if applicable]

Against

Debtor:
[Full name or company name]
[Address / registered office]
[Tax code / VAT number]
[PEC address, if known]

FACTS

1. On [date], the parties entered into [describe contract or transaction].
2. The Creditor performed its obligations by [describe performance].
3. The Debtor owes €[amount], as shown by [invoice/contract/statement/other document].
4. The debt became due on [date]. Despite [payment demand dated ___], the Debtor has not paid.

LEGAL BASIS

The claim is certain, liquid, and due, and is supported by the attached written documents pursuant to Articles 633 and 634 of the Italian Code of Civil Procedure.

REQUEST

The Applicant respectfully asks the Court to order the Debtor to pay:

- €[principal];
- €[interest, or “statutory interest from ___”];
- legal costs and recoverable expenses.

[If appropriate: The Applicant also requests provisional enforceability under Article 642.]

ATTACHMENTS

1. [Contract]
2. [Invoices]
3. [Proof of performance/delivery]
4. [Payment demand]
5. [Other documents]
6. Proof of payment of court charges

[City], [date]
[Signature]

If issued, the order must usually be served on the debtor within 60 days in Italy; the debtor generally has 40 days to oppose, unless the court sets a different period in a legally permitted situation. Failure to oppose may allow the order to become enforceable. Because mistakes about jurisdiction, evidence, service, interest, or provisional enforcement can seriously affect recovery, personalized advice from an Italian civil-litigation lawyer is advisable.