Many believe no defence is possible after 40 days from service of a payment order. This is not always so.

In specific cases, Article 650 of the Italian Code of Civil Procedure permits a late objection, allowing review after the ordinary deadline.

When is this possible?

Late objection is an exceptional remedy with strict requirements. Traditionally, debtors must prove they lacked timely knowledge because of void or irregular service, fortuitous event or force majeure, and that those circumstances prevented timely objection.

Ordinary rules also impose specific time limits to be checked case by case, including in relation to enforcement steps already taken.

Special protection for consumers

Protection has strengthened for consumer debtors. In Judgment No. 9479 of 6 April 2023, applying CJEU unfair-terms principles, the Joint Divisions held that consumers cannot permanently lose the ability to challenge a payment order based on unfair terms if there was no effective review.

If an unchallenged payment order gives no reasons concerning the non-unfair nature of terms affecting the debt’s existence or amount, the enforcement judge must review them of their own motion and inform the consumer of the outcome.

The consumer can then lodge an Article 650 objection within the 40 days set by the judge, solely to establish unfairness. No sale or assignment occurs until that period expires or the objection court decides the stay application.

This is not a general reopening of the order: the Joint Divisions’ remedy is confined to consumer protection against unfair terms.

Each case requires careful assessment

Not every order can be challenged after the ordinary deadline. It is essential to check:

  • regularity of service;
  • the debtor’s consumer status;
  • the contract’s contents;
  • possible unfair terms;
  • the order’s reasoning and issuance procedure;
  • the stage of any enforcement proceedings.

Preliminary review can identify defences that initially seem barred.

Was a payment order served on you over 40 days ago?

Before considering the situation beyond remedy, have a professional examine the documents: in some cases the law still allows you to assert your rights.