A supplier from Germany, Italy or Türkiye delivers goods to a customer in Romania, but the invoices issued remain unpaid, while a Romanian company seeks to recover receivables from a business partner in financial difficulty. In such situations, depending on the particular features of the legal relationship and the applicable statutory conditions, the creditor may have several means of recovering the claim available, such as amicable negotiation, the payment order procedure, the small claims procedure, the European debt recovery procedures or the ordinary action, followed, where necessary and in accordance with the law, by enforcement.

The choice depends on the value of the claim, on the documents available and on the risk of the claim being disputed. The main rules are found in Law no. 134/2010 on the Code of Civil Procedure, republished (the “CCP”), and in Law no. 287/2009 on the Civil Code, republished (the “Civil Code”), and, for cross-border disputes, in the regulations of the European Union.

1. The amicable stage: notification and placing the debtor in default

The recommended first step in recovering a claim is to send a written notification in which the creditor states the amount owed, the supporting documents (contracts, invoices, acceptance reports) and the deadline granted for payment; this stage may lead to voluntary payment of the debt or to the negotiation of a payment schedule and, at the same time, serves as evidence in the event of litigation.

The debtor may be placed in default by notification or by the statement of claim (Article 1522(1) of the Civil Code). For payment obligations assumed in the course of operating a business, the debtor is in default by operation of law upon the due date (Article 1523 of the Civil Code).

The notification is sent to the debtor’s registered office, through a court bailiff or by registered letter with declared contents and acknowledgement of receipt.

2. The payment order

The payment order (ordonanța de plată) (Articles 1014–1025 CCP) is the special procedure most frequently used by creditors with clear documents and has no value limit.

  • conditions: a certain, liquidated and due claim, consisting of the payment of a sum of money, arising from a civil contract, including a contract with a contracting authority, and evidenced by a written document or determined in accordance with a written document acknowledged by the parties [Article 1014(1) CCP]; the procedure does not apply to claims registered against the insolvency estate;
  • prior notice to pay: the creditor serves on the debtor, through a court bailiff or by registered letter with declared contents and acknowledgement of receipt, a notice to pay (somație) granting a period of 15 days from receipt for payment of the debt, in accordance with Article 1015 CCP;
  • the notice to pay may interrupt the extinctive limitation period under the conditions of Article 2540 of the Civil Code, if it is followed by the filing of the application within 6 months, and failure to attach proof of service of the notice to pay results in the application being dismissed as inadmissible, in accordance with Article 1017(2) CCP;
  • the court: the court having jurisdiction to hear the merits at first instance (Article 1016 CCP), i.e. the District Court (judecătorie) for claims of up to and including 200,000 lei, or the Tribunal, for claims exceeding that threshold;
  • the order: the court sets a payment deadline of no less than 10 and no more than 30 days from service (Article 1022(3) CCP); the procedure is, as a rule, completed within 45 days, excluding the time taken to serve documents (Article 1023 CCP);
  • means of challenge: the debtor may file an application for annulment (cerere în anulare) within 10 days of delivery or service of the order (Article 1024 CCP), and the order is enforceable even if it is challenged (Article 1025 CCP).

If the debtor disputes the claim and the court dismisses the application, the creditor may bring an ordinary action (acțiune de drept comun) (Article 1021 CCP). The judicial stamp duty is fixed at 200 lei [Article 6(2) of Government Emergency Ordinance no. 80/2013 on judicial stamp duties (“GEO no. 80/2013”)].

3. The small claims procedure

The small claims procedure (Articles 1026–1033 CCP) applies if the value of the claim, excluding interest, legal costs and other ancillary amounts, does not exceed 50,000 lei on the date on which the court is seised. The threshold was raised from 10,000 lei by Law no. 57/2025, published in the Official Gazette of Romania (Monitorul Oficial), Part I, no. 433 of 12 May 2025.

  • the District Court has jurisdiction, and the claim is filed on the form approved by order of the Minister of Justice;
  • the procedure is, as a rule, conducted in writing, without the parties being summoned;
  • the stamp duty is 50 lei for claims of up to 2,000 lei and 200 lei above that value (Article 6(1) of GEO no. 80/2013).

The procedure does not require service of a prior notice to pay or the existence of a written document acknowledged by the debtor, and may represent an alternative to the payment order even where the claim is disputed, to the extent that the nature of the dispute and the evidence required allow it to be resolved within the special procedure.

4. The European procedures: when a foreign creditor should choose them

The two European procedures apply to cross-border cases in civil and commercial matters, namely where at least one of the parties is domiciled or habitually resident in a Member State other than that of the court seised. Denmark does not participate in these procedures.

  • Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (“Regulation No 1896/2006”) applies to pecuniary claims for a specific amount that have fallen due at the time when the application is submitted, with no value limit; if the debtor does not lodge a statement of opposition within 30 days, the European order for payment becomes enforceable and may be enforced in the other participating Member States without exequatur; where a statement of opposition is lodged, the proceedings continue in accordance with the rules of ordinary civil procedure;
  • Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure (“Regulation No 861/2007”), as amended by Regulation (EU) 2015/2421, applies to claims whose value does not exceed EUR 5,000, excluding interest, expenses and other costs; the procedure is, as a rule, conducted in writing on the basis of standard forms, and the judgment given is recognised and enforced in the other participating Member States without exequatur.

A creditor from Germany, Austria, Italy, France or Spain may use the European procedures against a Romanian debtor before the competent Romanian courts or, as the case may be, before the courts of another Member State, if those courts have jurisdiction under Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the “Brussels I bis Regulation”), relevant factors including the place of delivery of the goods and any choice-of-court agreements. If there is a risk of the claim being disputed, the payment order or the small claims procedure before the Romanian court is, as a rule, quicker.

A creditor from Türkiye or China who sues a Romanian debtor before a Romanian court does not, in that situation, meet the cross-border requirement, since neither party is domiciled in a Member State other than that of the court seised, but may use the national debt recovery procedures. An application for a European order for payment is subject to a stamp duty of 200 lei (Article 6(2) of GEO no. 80/2013).

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5. The ordinary action and the jurisdiction of the courts

The mere fact that the claim is disputed does not rule out the payment order or the small claims procedure.

The ordinary action is particularly suitable where resolving the dispute requires the taking of complex evidence that is incompatible with the special procedures, or where their admissibility conditions are not met.

Likewise, a claim for damages does not automatically require recourse to ordinary proceedings. For example, interest and certain compensation for late payment may also be pursued through special procedures, in accordance with the law.

Accordingly:

  • subject-matter jurisdiction: the District Court for claims of up to and including 200,000 lei, the Tribunal above that value (Article 94(1)(k) and Article 95 CCP);
  • territorial jurisdiction: as a rule, the court of the debtor’s registered office; for contractual claims, also the court of the place of performance of the obligation indicated in the contract;
  • in disputes with an EU cross-border element, the Brussels I bis Regulation applies; a choice-of-court clause or an arbitration clause may change the court having jurisdiction;
  • the judicial stamp duty is calculated in proportion to the value of the claim (Article 3 of GEO no. 80/2013).

We have written about the effect of appeals on recovery in our article on winning a commercial dispute and recovering the claim.

6. Precautionary measures: attachment and garnishment

To prevent the debtor from disposing of its assets during the proceedings, the creditor may ask the court for precautionary measures, which freeze those assets until an enforceable title is obtained:

  • precautionary attachment (sechestru asigurător) of movable and immovable property: a creditor with a claim evidenced in writing and due, who has brought the action, may apply for it, and the court may order the creditor to provide security; if the claim is not evidenced in writing, the security amounts to half of the sum claimed (Article 953(1) and (2) CCP);
  • attachment may also be granted for a claim that is not yet due, if there is a risk that the debtor will conceal its assets (Article 953(3) CCP);
  • precautionary garnishment (poprire asigurătorie) of sums owed to the debtor by third parties, including bank accounts (Articles 970–971 CCP), the creditor not being required to identify the banks in the garnishment application;

7. Enforcement

Enforceable titles may include, in accordance with the law, the payment order, the judgment given in the small claims procedure, final court judgments given in ordinary actions, the European order for payment declared enforceable, notarial authentic instruments meeting the statutory conditions, and negotiable instruments, including bills of exchange, promissory notes and cheques.

Accordingly:

  • enforcement is carried out only through a court bailiff appointed by the Minister of Justice, whose territorial competence is determined by the method of enforcement, the location of the assets subject to enforcement or the domicile or registered office of the debtor (Article 652 CCP);
  • within no more than 3 days of the creditor’s request, the court bailiff applies to the court for authorisation of enforcement (încuviințarea executării), and the court rules on the application within no more than 7 days of its registration, in chambers, without summoning the parties; court judgments and other enforceable titles are no longer subject to a separate procedure for endorsement with the enforcement formula (Article 666 CCP);
  • authorisation of enforcement takes effect throughout the territory of Romania, and the creditor may request, simultaneously or successively, the use of the enforcement methods provided for by law, including garnishment of bank accounts and enforcement against movable and immovable property; the debtor may defend itself by means of an enforcement challenge (contestație la executare).

Judgments given in other Member States of the European Union that fall within the scope of the Brussels I bis Regulation may be enforced in Romania without a separate procedure for a declaration of enforceability (exequatur), whereas judgments given in third countries are, as a rule, subject to the recognition and enforcement authorisation procedures laid down by Romanian law, subject to the provisions of applicable international conventions. Further details in our article on the enforcement of foreign judgments in Romania.

8. Late-payment interest

  • if the parties have agreed on penalty interest or contractual penalties, these apply, within the limits of the law; otherwise, statutory late-payment interest (dobânda legală penalizatoare) applies;
  • Ordinance no. 13/2011 on statutory remunerative and late-payment interest for monetary obligations and on the regulation of certain financial and fiscal measures in the banking sector (“Ordinance no. 13/2011”) sets the statutory interest by reference to the reference rate of the National Bank of Romania (“BNR”); in relations between professionals and between professionals and contracting authorities, statutory late-payment interest is equal to the BNR reference rate plus 8 percentage points [Article 3(2¹) of Ordinance no. 13/2011];
  • Law no. 72/2013 on measures to combat late payment of monetary obligations arising from contracts concluded between professionals and between professionals and contracting authorities (“Law no. 72/2013”) sets, as a rule, a payment term of 60 calendar days in relations between professionals and of 30 calendar days for contracting authorities, and the creditor may claim a minimum amount equivalent to EUR 40 by way of additional damages;
  • contractual clauses that exclude the application of late-payment interest or set late-payment interest below the statutory late-payment interest are classified as abusive and are null and void (absolute nullity).

9. Limitation

The substantive right of action is, as a rule, time-barred after 3 years (Article 2517 of the Civil Code). The limitation period is interrupted, inter alia, by express or tacit acknowledgement of the debt (for example, a partial payment), by the statement of claim or by service of the notice to pay under the payment order procedure. Once the enforceable title has been obtained, the right to seek enforcement is likewise time-barred after 3 years, unless the law provides otherwise [Article 706(1) CCP].

10. Insolvency of the debtor

A creditor holding a certain, liquidated claim that has been due for more than 60 days may apply for the opening of insolvency proceedings against the debtor, if the value of the claim, after set-off of any mutual debts, exceeds the threshold of 50,000 lei.

Under Law no. 85/2014 on insolvency prevention procedures and insolvency procedures (“Law no. 85/2014”), from the date on which insolvency proceedings are opened, all judicial and extrajudicial actions and enforcement proceedings for the recovery of claims against the debtor’s assets are stayed by operation of law, subject to the exceptions provided for in Article 75(2) of Law no. 85/2014.

Creditors whose claims arose before the opening of proceedings must, as a rule, file proofs of claim with the Tribunal within the deadline set by the judgment opening the proceedings, a deadline that may not, in principle, exceed 45 days from the opening, regardless of whether or not they hold an enforceable title. Failure to meet the deadline results, as a rule, in forfeiture of the right to be entered in the table of claims (tabelul creanțelor) (Article 114 of Law no. 85/2014).

11. Language of documents and translations

  • civil proceedings are conducted in Romanian (Article 18 CCP);
  • documents in a foreign language are filed as certified copies, accompanied by a notarised translation by an authorised translator (Article 150 CCP);
  • European forms filed with a Romanian court are completed in Romanian.

What you should do

  • Gather the contract, the invoices, the proof of delivery and any correspondence in which the debtor acknowledged the debt.
  • Check the debtor with the Trade Register Office (ONRC) and in the Insolvency Proceedings Bulletin (Buletinul procedurilor de insolvență) and calculate the limitation period.
  • Send the notification or the notice to pay through a bailiff or by registered letter with declared contents and acknowledgement of receipt.
  • Choose the procedure according to the value of the claim, the risk of the claim being disputed and the parties’ registered offices.
  • Consider an application for precautionary attachment or precautionary garnishment before the debtor learns of the proceedings.
  • If you are a foreign company, have the notarised translations prepared.

Frequently asked questions

How long does debt recovery take in Romania?

A payment order is, as a rule, decided within 45 days, excluding the time taken to serve documents; an ordinary action with an appeal may take one or two years. Enforcement depends on the debtor’s assets.

What is a payment order (ordonanța de plată)?

A special procedure by which any creditor, Romanian or foreign, obtains an enforceable title for a certain, liquidated and due claim, following a 15-day notice to pay.

Can a company from Germany or Austria use the European order for payment against a Romanian debtor?

Yes. The European order for payment is effective if the debtor does not dispute the claim; if the debtor lodges a statement of opposition within 30 days, the proceedings continue in accordance with the rules of ordinary civil procedure.

What is the small claims threshold in Romania?

50,000 lei in the national procedure, excluding interest and costs, under the CCP, and EUR 5,000 in the European procedure.

When does an unpaid invoice become time-barred?

As a rule, 3 years after the due date. The limitation period is interrupted if the debtor acknowledges the debt, or if the creditor brings a claim before the court or serves the notice to pay under the payment order procedure.

Adesman & Asociații assists Romanian and foreign creditors in debt recovery, from notifying the debtor and the special procedures to precautionary measures, enforcement and filing proofs of claim in insolvency. Find out more about our litigation and arbitration practice.

Do you need to recover a claim from a debtor in Romania? Speak to our litigation team.

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This material is purely informative and general in nature and does not constitute legal advice. The applicable legal regime must be analysed in light of the specific circumstances of each claim and the legislation in force at the date of the analysis.