Credits towards the Public Administration

Waiting for the payment of an invoice from a public body can turn into a grueling challenge for any business. When the Public Administration (PA) — whether it's a Municipality, a Region, a Hospital, or another state entity — delays payments, the consequences on a company's liquidity and financial planning can be significant. This situation not only represents a breach of contract but generates damage that the law recognizes and protects. Understanding your rights and the legal tools available is the first step to transforming passive waiting into a strategic recovery action. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci assists businesses to ensure that their credits are not only settled but also revalued with default interest and any compensation for further damages suffered.

The Regulatory Framework: Default Interest and Further Damages

Italian legislation, particularly Legislative Decree no. 231/2002, establishes precise rules to combat payment delays in commercial transactions, also applicable to relationships with the Public Administration. The law provides that, in case of delay, default interest automatically apply, without the need for formal notice to default. These interests are calculated at a rate higher than the legal rate, precisely to discourage non-compliance. However, the damage suffered by a business can exceed the amount of interest. Consider, for example, the need to resort to bank financing to compensate for the lack of liquidity, with additional costs and burdens. In these cases, it is possible to take action to obtain compensation for the so-called 'further damages', by demonstrating that the economic prejudice suffered is greater than what is covered by default interest.

The Approach of the Bianucci Law Firm

The approach of Avv. Marco Bianucci, a lawyer with consolidated experience in damages compensation in Milan, is pragmatic and aimed at a rapid and effective resolution. Each case begins with a detailed analysis of the credit documentation to verify the strength of the claim. The first operational step consists of sending a formal notice to the debtor entity, an act that often proves sufficient to unblock the situation. If non-compliance persists, the firm proceeds with the most appropriate legal action, which typically consists of filing an application for a payment order, a measure that allows for obtaining an enforceable title in relatively short times. In parallel, a careful assessment is conducted to quantify and claim compensation for further damages, building a solid evidentiary basis to support the request in court.

Frequently Asked Questions

After how long do default interests start to accrue for the PA?

Unless otherwise agreed in writing between the parties, the payment term for the Public Administration is generally set at 30 days from the date of receipt of the invoice or from the date of performance of the service. After this term, default interests begin to accrue automatically, without the need for a reminder.

Can I claim compensation in addition to default interest?

Yes, it is possible to claim compensation for 'further damages'. To obtain it, it is necessary to demonstrate that the payment delay has caused an economic prejudice greater than that compensated by default interest. Typical examples include costs incurred for access to bank credit or documented loss of business opportunities.

Is it possible to obtain a payment order against a Municipality or a Hospital?

Absolutely yes. The monitoring procedure, i.e., the application for a payment order, is an effective and widely used tool also against public entities. To initiate the action, written proof of the credit is required, such as the contract, transport documents, and invoices.

What documents are needed to initiate a debt recovery action?

To initiate legal action, all documents proving the existence and amount of the credit are essential. Typically, the contract or order, issued invoices, any transport documents or delivery reports, and correspondence exchanged with the debtor public entity, including communications via PEC, are required.

Contact the Firm for an Assessment of Your Credit

If your company has unpaid credits towards the Public Administration, you are not obliged to passively suffer the damages arising from such non-compliance. Entrusting yourself to an experienced professional can make the difference in recovering what is owed in certain times. Avv. Marco Bianucci offers strategic advice to businesses in Milan and its province to protect their rights. Contact the Bianucci Law Firm at Via Alberto da Giussano, 26 for a preliminary assessment of your case and to define the most effective intervention strategy.