Debt recovery · unpaid invoice

Waiting for a payment that never arrives?

Create your legal letter for free using our template. Free, downloadable and ready to send.

A notice of default is the letter in which you formally ask the debtor to pay by a specific deadline. You don't need a lawyer to write it: you can put it together here for free. It starts interest running, interrupts the limitation period and builds the written evidence you'll need if you later have to go before a judge.

What happens after the notice of default

From that moment the debtor is formally in default. Late-payment interest starts running, the limitation period is interrupted and starts again from scratch, and you have written proof of your request.

Many situations end here: people who put off paying out of habit often pay once they realise things have become serious. Those who don't pay because they can't won't pay now either, and at that point the question changes: is it worth going further?

  • The debtor pays. The case is closed.
  • The debtor replies and disputes it. A negotiation begins, and at that point having a lawyer at the table changes the tone.
  • The debtor doesn't reply. A payment order is considered.

When a payment order makes sense

A payment order (decreto ingiuntivo) is a court order requiring the debtor to pay. It is obtained without hearing the other side, as long as the debt is certain, quantified and due and there is written evidence: the invoice, with the accounting records, is usually enough.

Timescales vary a lot from court to court: a few weeks in the fastest cases, several months elsewhere. The debtor has forty days to object. If they don't, the order becomes final.

On costs, the value of the debt matters: court fee, revenue stamp, lawyer's fee. Below a certain amount the numbers may not add up, and it's worth knowing beforehand. On Legaless you receive the lawyer's quote before you commit.

The mistakes that lose you the debt

  • Waiting too long. A claim for professional or commercial services becomes time-barred: in many cases after ten years, in others after three or five. Every written notice of default resets the clock.
  • Having nothing in writing. A verbal agreement exists, but proving it is another matter. A quote accepted by email, a signed order, an exchange of messages: keep everything that documents the agreement.
  • Ignoring a complaint. If the debtor disputes the quality of the work and you don't reply, that silence will need explaining later. Replying in writing, even just to say you disagree, takes five minutes.
  • Sending the letter to the wrong address. For a company, what counts is the registered office in the Companies Register, not the office where people actually work.
  • Accepting part payments without saying so. Taking a payment on account without stating in writing that the rest is still owed can complicate things.

How to put together a notice of default

  1. Gather the invoice details

    Number, date, amount, agreed payment deadline. If you have an accepted quote or an order, keep it to hand.

  2. Identify the debtor exactly

    Full company name, registered office, VAT number. For companies, the PEC address can be found free on inipec.gov.it by searching for the VAT number.

  3. State the deadline for payment

    Fifteen days is the usual deadline. It must be clear and have an expiry date that can be calculated.

  4. Point out the consequences of delay

    The late-payment interest provided for by Legislative Decree 231/2002 for business-to-business dealings, and the reservation of the right to take action to recover the debt.

  5. Send it in a traceable way

    By PEC if the recipient has one, otherwise by recorded delivery with proof of receipt. An ordinary email does not prove receipt.

  6. Keep everything

    The PEC delivery receipt or the returned recorded-delivery card. If you end up before a judge, that's what proves the request arrived.

Frequently asked questions

Can I send the notice of default myself, without a lawyer?

Yes. There's no obligation to use a lawyer for a notice of default. The document you put together here is complete and can be used as it is.

What difference does it make if a lawyer sends it?

It changes how the recipient reads it. A letter on law firm letterhead, signed and sent by PEC, tells them the matter has passed to a professional. Many debtors reply at that point. But nobody can guarantee they will pay: that depends on the debtor, not on the letter.

How much does it cost to have a lawyer sign and send the letter?

79 €. It includes the review of the text, the lawyer's signature and sending it by PEC from their mailbox. You choose the lawyer from those registered on Legaless.

How does invoicing work?

You receive two documents: the lawyer invoices you for their fee, and Legaless invoices you for the service commission. It's the same arrangement that applies to every case on the platform.

Do I need to sign up to download the document?

No. You put the document together and download it: no account, no email required. You only need an account if you decide to have a lawyer send it, because that's where you follow the case.

How long do I have to act?

The sooner the better: the more time passes, the harder it is to recover. In legal terms, what matters is the limitation period, which for many debts is ten years but for some is much shorter. The tool shows you the time left, calculated on the ordinary ten-year limitation period from the due date you entered.

How do I find a company's PEC address?

On inipec.gov.it, free of charge, by searching for the VAT number or company name. It's the public register of the PEC addresses of businesses and professionals.

How much interest can I claim?

Legislative Decree 231/2002 applies between businesses and between businesses and public administrations: the ECB reference rate plus eight percentage points. The tool calculates it on the actual days of delay.

The debtor doesn't reply. What now?

A payment order is considered. You need written evidence of the debt, which for an invoice is usually there. A lawyer tells you whether the case holds up and how much it costs, before you decide.

The debtor disputes the work. Can I still send the notice of default?

Yes. In fact it's a good idea to put your position in writing, especially if the complaint came by phone or in person. If the complaint is documented and detailed, though, it's worth having a lawyer look at the papers before going ahead.

Does it also work for unpaid rent or for a private individual?

The structure of the letter is the same. The applicable interest changes: Legislative Decree 231/2002 applies between businesses, while with a private individual statutory interest applies, which is lower. If that's your case, mention it in the notes when you hand over the case.

What happens to the data I enter?

As long as you only download the document, the data stay on your device for the duration of the session and are recorded only to understand how the tool is used, with the IP address anonymised. If you hand the case to a lawyer, the data become part of the case. The debtor's data are kept for as long as necessary and then deleted.

Can I choose the lawyer myself?

Yes, that's how the tool is designed. You see the profiles, the bar they belong to and the areas they cover, and you choose. If you prefer, you can leave the choice to us.

If you need something else

Payment order If the debtor still doesn't pay after the notice of default, this is the next step. Find out more Packages for businesses If unpaid invoices keep recurring, a prepaid block of hours costs less than one case at a time. Find out more