Practical guide

How to draft a service of process report under Art. 140 c.p.c. with AI

3 min read · Updated October 2026 · Editorial oversight: Avv. Federico Papa

Service of process under Art. 140 c.p.c. is a secondary remedy used in cases of temporary unavailability (irreperibilità relativa) or refusal to accept a copy of the document. This procedure requires a strict sequence of actions to safeguard the recipient's right to defense. With edit.legal, you can structure the return of service (relata di notifica) by instantly verifying compliance with statutory formalities.

In brief

Service under Art. 140 c.p.c. is completed through three mandatory phases: depositing the document at the municipal house (casa comunale), posting a notice of deposit on the door of the recipient's residence or office, and sending a registered letter with advice of receipt (CAD). For the applicant, service is deemed performed upon delivery to the bailiff, whereas for the recipient, the period starts from the receipt of the registered letter or the tenth day after its mailing.

The steps

1.
Verification of temporary absence
Before proceeding, the bailiff must verify that the absence is only temporary (irreperibilità relativa), meaning the recipient resides, dwells, or has a domicile in the municipality but is momentarily away. In case of refusal to accept the copy, Art. 140 c.p.c. applies as well. The report must state the searches conducted and the knowledge of the residence. edit.legal helps draft these statements analytically to avoid challenges to the validity of the service.
2.
Deposit of the document and posting the notice
The bailiff must deposit the copy of the document at the municipal house where service is to be performed. Subsequently, they must post a notice of the deposit in a closed and sealed envelope on the door of the recipient's home, office, or business. This phase is crucial: failure to post the notice or posting it in locations other than those prescribed results in incurable nullity. The report must minutely describe the location where the notice was posted.
3.
Mailing the informative registered letter (CAD)
The final requirement consists of sending a registered letter with advice of receipt to inform the recipient that the deposit has occurred (Communication of Successful Deposit - CAD). The return of service must indicate the registered letter number and the mailing date. Without proof of the CAD mailing, service cannot be considered perfected for the recipient, rendering the document ineffective regarding the commencement of procedural deadlines.
4.
Verification of the perfection dates
A distinction must be made between perfection for the applicant and for the recipient. For the former, the principle of subjective separation applies: the date of delivery to the bailiff is relevant. For the latter, service is perfected upon receipt of the CAD or, if earlier, after ten days from its mailing. edit.legal provides calculation tools to precisely determine these dates, which are essential for avoiding forfeitures or late filings.
5.
Integration of the report and filing the document
Once the steps are completed, the bailiff finishes the report by specifying all the actions taken. When filing the served document electronically or in paper format, the lawyer must ensure that the advice of receipt for the informative registered letter is also attached. If the registered letter was not delivered due to prolonged absence, the advice of receipt marked 'completed storage' (compiuta giacenza) must be attached.

Legal basis: Art. 140 c.p.c.Art. 48 disp. att. c.p.c.Legge 20 novembre 1982, n. 890

Mistakes to avoid

Using Art. 140 when the recipient has permanently moved to an unknown location (Art. 143 should be used).
Failure to indicate in the report the specific searches conducted to verify the temporary absence.
Considering service perfected for the recipient from the CAD mailing date rather than from receipt or after 10 days.
Forgetting to attach the registered letter's advice of receipt when appearing in court.

Frequently asked questions

What is the difference between Art. 140 and Art. 143 c.p.c.?

Art. 140 applies when the residence is known but the recipient is temporarily absent (relative unavailability). Art. 143 applies instead when the residence, dwelling, and domicile are entirely unknown (absolute unavailability).

What happens if the bailiff fails to post the notice?

Failing to post the notice on the door results in the nullity of the service, as the three requirements prescribed by Art. 140 c.p.c. are cumulative and necessary.

Is service under Art. 140 c.p.c. valid for legal entities?

Yes, it applies to companies if service at the registered office is not possible due to the unavailability of persons authorized to receive the document, following verification that service to the legal representative is impossible.

Editorial oversight: Avv. Federico Papa·ICAMUpdated 28 October 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction