Application for Payment Injunction Decree
The application for a payment injunction decree is a legal recourse pursued to obtain a court order for the payment of a sum of money owed by the debtor, pursuant to article 633 of the Italian Code of Civil Procedure.
In this legal procedure, the applicant lawyer files a formal application with the competent Court seeking the issuance of a payment injunction decree. The application includes relevant documentation and evidence supporting the existence of the outstanding debt.
Once the application is submitted, the court evaluates the provided materials and, if satisfied with the merits of the case, proceeds to issue the payment injunction decree. This court order mandates the debtor to make the required payment within a specified period (immediately, if the decree is provisionally enforceable, or within 40 days). The debtor is not summoned or heard during this stage of the process, as the decision is made without their presence (inaudita altera parte in latin). However, the debtor has the right to challenge the payment injunction decree by filing an opposition within a prescribed timeframe, typically within 40 days from receiving the notification of the decree.
If no opposition is filed within the specified timeframe, or if the decree is provisionally enforceable due to the presence of supporting evidence, the payment injunction decree becomes final and enforceable. At this stage, the creditor can take legal measures to collect the debt, such as garnishing the debtor's assets, initiating foreclosure proceedings, or freezing bank accounts.
The application for a payment injunction decree provides a swift and efficient legal remedy for creditors seeking to recover outstanding debts in a timely manner.
Cibin Law Firm can provide professional and competent assistance businesses and individuals in the recovery and management of their credits in Italy.
Costs and fees: here we provide the costs and fees of the payment injunction procedure, according to the protocol of the Milan Bar Association. Please note that personalized conditions can be negotiated with the Client, particularly with businesses that frequently need to outsource their corporate debt recovery activities.
Timelines: the average timeframe to obtain a payment injunction decree varies from 3 to 30 days, depending on the Court and the judge's workload.
For information and quotes or if you require further information or assistance with filing an application for a payment injunction decree, please feel free to contact us.