Practical guide
How to draft a payment injunction opposition with AI
4 min read · Updated May 2026 · Editorial oversight: Avv. Federico Papa
The opposition to a payment injunction (*opposizione a decreto ingiuntivo*) is the procedural mechanism governed by Art. 645 c.p.c. through which the debtor initiates full proceedings on the merits to contest a credit claim asserted in summary proceedings. Its purpose is to obtain the revocation of the injunction issued *ex parte* pursuant to Art. 633 c.p.c., converting the summary proceeding into a standard trial. The opposition must be filed before the judicial office that issued the decree within the mandatory deadline of forty days from service, unless otherwise provided by law. In this phase, despite the formal inversion of procedural roles, the defendant creditor remains the substantive plaintiff and bears the burden of proving the facts constituting the claim.
In brief
Opposition under Art. 645 c.p.c. initiates full-cognizance proceedings to revoke a payment injunction issued under Art. 633 c.p.c. The summons, compliant with Art. 163 c.p.c., requires notification within forty days to the creditor's attorney. A stay of provisional execution may be requested under Art. 649 c.p.c. for serious grounds. Court fees are reduced by fifty percent. Late opposition under Art. 650 c.p.c. is limited to cases of defective service or force majeure. AI technology facilitates the drafting of technical legal grounds, substantive defenses, and counterclaims.
The steps
- 1.
Verification of jurisdiction and deadlines
The opposition must be filed strictly before the same judicial office (Justice of the Peace or Court) that issued the challenged payment injunction. Calculating the forty-day deadline from the date of service is critical to avoid the inadmissibility of the opposition and the injunction becoming final (res judicata). Furthermore, the regularity of service must be verified, as service defects may justify a late opposition pursuant to Art. 650 c.p.c.
- 2.
Drafting the summons (atto di citazione)
Unless the relevant procedure requires a petition (ricorso), as in labor disputes, the opposition is instituted by writ of summons (atto di citazione) meeting all requirements set forth in Art. 163 c.p.c. The summons must specify the details of the contested injunction, the parties involved, and the facts justifying the dispute of the claim. The writ must be served on the opposing party at the address of the counsel appointed during the summary phase, respecting the appearance terms, which are halved.
- 3.
Formulating grounds and defenses
The debtor must specifically contest the facts supporting the claim alleged by the creditor in the petition for summary judgment pursuant to Art. 633 c.p.c. Both substantive defenses (such as payment, statute of limitations, or non-existence of the underlying contract) and procedural objections regarding the sufficiency of written evidence must be raised. Since the opposition opens proceedings on the merits, the debtor may also assert counterclaims (domande riconvenzionali) connected to the title of the claim.
- 4.
Requesting a stay of execution
If the payment injunction is provisionally enforceable, the debtor may request a stay of execution pursuant to Art. 649 c.p.c. The application must be supported by serious grounds, typically relating to the likelihood of success of the opposition (fumus boni iuris) and the risk of irreparable harm (periculum in mora). The court decides on the application by non-appealable order, taking into account the risk of insolvency of the parties.
- 5.
Court filing and registration
Following service of the summons, the debtor must enter an appearance in court by filing the docket registration note (nota di iscrizione a ruolo) and the case file containing the original served summons and a copy of the contested injunction. At this stage, the court fee (contributo unificato) is paid, which for opposition proceedings is reduced to half the standard amount. Failure to observe appearance deadlines results in the opposition being declared inadmissible or procedurally barred, rendering the decree final and enforceable.
Legal basis: art. 645 c.p.c.art. 649 c.p.c.art. 633 c.p.c.art. 163 c.p.c.
The template structure
The standard sections that make up the document. The full template can be opened and completed directly on edit.legal.
Competent Court
Identifies the judicial authority (Justice of the Peace or Court) that issued the contested decree and holds jurisdiction over the trial on the merits.
Parties
Contains full identification details of the parties (debtor/plaintiff in opposition and creditor/defendant in opposition) and their legal representation.
Contested Injunction
Details the identification parameters of the payment injunction, including case number, date of filing, and date of service.
Facts of the case
Chronological account of the underlying facts and legal relationship between the parties.
Grounds for Opposition
Section dedicated to articulating procedural and substantive defenses and specific challenges to the creditor's claim.
Stay of Execution Request
Reasoned application to suspend the provisional enforceability of the decree under Art. 649 c.p.c., based on *fumus boni iuris* and *periculum in mora*.
Relief sought
Detailed statement of requested relief, including the revocation of the injunction and any counterclaims.
Evidentiary requests
Evidentiary requests, list of attached documents, and motions for witness testimony, interrogatories, or expert judicial appraisals.
Place, Date, Signature, and Power of Attorney
Formal closing elements of the writ, including references to the power of attorney (*procura alle liti*) and counsel's digital signature.
Mistakes to avoid
- Failure to comply with the mandatory 40-day deadline for serving the summons, resulting in the opposition being declared inadmissible.
- Selecting the wrong procedural form (summons instead of petition in labor disputes), risking procedural dismissal or time-barring.
- Omitted or overly generic contestation of the claim, which may be construed as non-contestation under Art. 115 c.p.c.
- Serving the opposition on the party personally rather than at the address of the counsel appointed during the summary phase.
Frequently asked questions
What happens if the opposition is filed after the deadline?
An opposition filed after the statutory deadline is inadmissible, and the payment injunction acquires the force of *res judicata*. Late opposition is permitted under Art. 650 c.p.c. only if the debtor proves lack of timely knowledge due to defective service, a fortuitous event, or *force majeure*.
What is the court fee (contributo unificato) for the opposition?
In payment injunction opposition proceedings, the court fee (*contributo unificato*) is reduced to 50% of the standard rate applicable to ordinary civil actions of the same value.
Can the execution of the decree be suspended during the opposition?
Yes, pursuant to Art. 649 c.p.c., the judge may suspend provisional execution if serious grounds exist, assessing both the likelihood of success of the opposition and the risk of irreparable harm.
What edit.legal automates
- —Automated generation of the application for stay of execution under Art. 649 c.p.c. based on statutory criteria.
- —Assisted computation of statutory deadlines and verification of the jurisdiction of the issuing court.
- —AI-powered editor with dynamic insertion of decree details (docket number, date, issuing court).
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