Italy · Unpaid invoice
A formal demand (messa in mora) for an unpaid invoice in Italy
In Italy, a written demand puts a debtor in default (messa in mora). The letter names the invoice, the amount and a date to pay. Where the rules allow, it also claims late-payment interest and the flat compensation due between businesses. You answer the questions and get the letter in Italian or English, with the dates worked out.
The questions, and the documents that come with the letters (checklist, timeline, next steps and memo), are in English. The letters can be written in Italian or English.
Other languages: Italiano
The rules your letter follows
Taken from the official sources listed below. Interest rates change from time to time; these are the current ones.
- Deadline in the letter
- 15 days
- A customary period, not one set by law. You can choose up to 30 days.
- Late-payment interest, between businesses
- 10.4%
- Until 31 December 2026. Runs from the day after the payment date, without a demand.
- Legal interest, other debtors
- 1.6%
- Until 31 December 2026. Runs from the day after the agreed payment date once it has passed. Otherwise, from the written demand.
- Flat compensation, between businesses
- €40
- For each invoice paid late, without a demand. Higher recovery costs can be claimed if you can prove them.
- Payment period when none was agreed, between businesses
- 30 days
- From receipt of the invoice. After that, late-payment interest runs without a demand.
- Limitation period
- 10 years
- The ordinary period, from the payment date. Some debts have shorter periods. A written demand interrupts it.
- Court
- Giudice di pace
- Claims up to €10,000. Larger claims go to the tribunale, with a lawyer.
- How to send it
- Raccomandata A/R or PEC
- Registered post with return receipt, or certified email (PEC). Send an ordinary email too.
What the letter does
The letter names the invoice, the amount and a date to pay. Once payment is due, it also states that it puts the debtor in default and interrupts the limitation period, as Italian demand letters usually do. If a payment date was agreed and has passed, the debtor is already in default, because a money debt is payable at the creditor's address. The letter still sets a final date.
It is a demand for payment, not a diffida ad adempiere. It does not say that the contract ends when the deadline passes.
Between businesses, and with private clients
When both sides are businesses, including freelance professionals, the rules on late payment in commercial transactions apply. Interest runs from the day after the payment date without any demand, at a fixed margin over the European Central Bank's reference rate. If no payment term was agreed, payment is due 30 days after the client received the invoice. You can also claim €40 for each invoice paid late, and higher recovery costs if you can prove them.
When the client is a private person, interest is at the legal rate. It runs from the day after the agreed payment date if that has passed, and otherwise from the written demand. Interest above the legal rate is owed only if it was agreed in writing, and the flat compensation does not apply.
If they still do not pay
Claims up to €10,000 go to the giudice di pace, and larger ones to the tribunale, where you need a lawyer. Before the giudice di pace you can act without a lawyer only for small amounts, unless the judge allows it. With written proof of the debt, such as the invoice, a signed contract or an acknowledgment, you can apply for a payment order (decreto ingiuntivo), which has a lower court fee.
Before an ordinary claim, the law usually requires an assisted negotiation through lawyers (negoziazione assistita). This does not apply if the client is a private person or the claim is small enough to bring in person. For some contracts, such as work or supply contracts, mediation is required instead. Neither is needed to apply for a payment order, and this letter is neither of them. The escalation memo in the Complete pack explains each of these steps, but does not choose one for you.
Where the rules come from
art. 1219 c.c.Default (costituzione in mora) by written demand, or without a demand once the payment date has passed for a debt payable at the creditor's address
checked 10 October 2026
art. 1224 c.c.Legal interest on money debts from the day of default, without proof of loss
checked 10 October 2026
art. 1284 c.c.Legal interest rate, set yearly by ministerial decree; interest above it only if agreed in writing; from the filing of a court claim, the commercial late-payment rate
checked 10 October 2026
art. 2943 c.c.Interruption of the limitation period by a written demand
checked 10 October 2026
Legislative Decree No. 231 of 9 October 2002Late payment in commercial transactions: interest without a demand and the flat compensation for recovery costs
checked 10 October 2026
What is in the envelope
Word and PDF files you can edit before you send anything.
- 01
Demand letter
The formal letter, in the language you choose, with your amount and payment details. The deadline, and any interest and costs, follow the local rules.
- 02
Evidence checklist
What to keep and what to enclose, checked against the files you uploaded.
- 03
Timeline
Your dispute date by date, including the dates still to come.
- 04
Next steps
How to send the letter so you can prove it arrived, and what to do with each kind of reply.
- 05
Final demandComplete
A shorter second letter with a last deadline, for when the first one passes.
- 06
Escalation memoComplete
Court, collection agencies and lawyers: what each route involves. It describes the options; it does not choose one for you.
How it works
Today
You answer the questions. It takes about ten minutes, and your answers are saved as you go.
Today
You check the summary and pay. A few minutes later your documents are ready, in Word and PDF.
When you are ready
You sign the letter and send it yourself, so it comes from you.
Questions
Is this a diffida ad adempiere?
No. It is a messa in mora: it asks for payment by a date, puts the debtor in default and interrupts the limitation period. A diffida ad adempiere is a different step: a notice that ends the contract if the deadline passes.
Can I send it by PEC?
Yes, if the debtor has a PEC address. Sending by PEC counts as notification by post. The PEC addresses of businesses and professionals are public in the INI-PEC register. Most private persons have none, so they get the letter by raccomandata A/R. Keep the receipts.
How long do I have?
Most claims become time-barred 10 years after the payment date, and some debts sooner. A written demand such as this letter interrupts the period.
Can I have the letter written in English?
Yes. Italian is the default, and you can choose English instead.
What does it cost?
€49 for the Standard pack and €79 for Complete, including VAT. You pay once.
P.S.
Your documents are written by an AI system and checked automatically against your answers and the local rules. No lawyer reviews them. They are document drafts and general information, not legal advice. Your answers are deleted 30 days after delivery, or sooner if you ask.
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