Recovering outstanding debts in a foreign jurisdiction requires a firm and strategic approach. Our specialized team for debt collection in Romania provides comprehensive legal support to help businesses and individuals reclaim their assets.
Which debt recovery services do you offer?
Our team of lawyers in Bucharest is highly skilled in recovering debts from individuals and legal entities, Romanian or foreign. Because we work in this field every day, we can build an efficient recovery strategy for each case.
From amicable settlements and demand letters to court proceedings and enforcement through a bailiff, we ensure an efficient process for debt collection in Romania, minimizing your losses and protecting your financial interests. Our professional legal assistance consists of:
- drafting notices and demand letters;
- negotiating with the debtor and drafting payment plans;
- payment order and small claims procedures;
- ordinary court proceedings;
- forced execution (enforcement) procedures;
- insolvency petitions against debtor companies;
- European procedures for cross-border claims.
We recover civil claims arising from contracts between individuals, commercial claims arising from service and supply agreements, salary claims and other money claims.
What are the available debt collection procedures in Romania?
You have the following options:
- amicable procedures, completed out of court;
- the payment order procedure (ordonanța de plată);
- the small claims procedure, for claims up to 50,000 lei;
- ordinary court proceedings;
- forced execution through a bailiff, once you hold an enforceable title;
- insolvency proceedings, if the debtor company is insolvent.
Note: procedures 2 to 4 are decided by a Romanian judge. The payment order and the small claims procedure are simplified, generally faster ways of obtaining an enforceable title than ordinary proceedings. Creditors with cross-border claims can also use the European Payment Order and the European Small Claims Procedure (see below).
When do you recommend amicable debt collection in Romania?
We recommend starting with amicable debt recovery in almost every case. It is based on negotiating with the debtor and, whenever possible, agreeing a payment plan. If it succeeds, it saves the time and costs of court proceedings and enforcement, and it has a lower impact on your business relationships and your image. Mediation is also available, but it is voluntary.
Below, our Romanian lawyers highlight the main steps of this initial stage:
- first contact: by telephone, to let the debtor know that our team has taken over the case and wishes to settle it amicably;
- email follow-up: if the first call has no effect, or the debtor refuses to answer or cannot be reached, we send a written notice by email;
- formal notice: a written demand for payment sent to the debtor’s registered office or address;
- locating the debtor: if the debtor does not answer calls or emails, we trace the debtor’s current details using official sources (see below);
- meeting the debtor: where useful, one of our lawyers meets the debtor’s representatives at their registered or secondary office, in Bucharest or elsewhere in Romania, negotiates on your behalf and, if successful, sets out the final payment terms.
What does the payment order procedure involve?
The payment order (ordonanța de plată, Code of Civil Procedure art. 1014 and following) is a simplified court procedure for money claims that are certain, liquid and due, arising from a contract or established by a document accepted by the parties by signature or in another way allowed by law. Typical documents are the contract, invoices accepted by the debtor, orders, account statements and other written documents proving the amount owed. There is no maximum value.
Before going to court, the creditor must send the debtor a summons (somație), served by a bailiff or by registered letter with acknowledgement of receipt, asking for payment within 15 days of receipt. If the debtor does not pay, we file the application with the court competent to hear the case at first instance. If the claim is justified, the judge issues a payment order requiring the debtor to pay within 10 to 30 days. The debtor can file a request for annulment within 10 days, but the payment order is enforceable.
A company stamp is not required on any of these documents, since Romanian law no longer obliges companies to use one. Our lawyers in Romania can help prepare the documents needed.
What is the small claims procedure?
For claims of up to 50,000 lei, excluding interest, legal costs and other accessory amounts, the creditor can use the small claims procedure (Code of Civil Procedure art. 1026 and following). It is a mainly written procedure, started with a standard form, and is designed to be simpler and faster than ordinary proceedings.
When can I rely on the ordinary court procedure to recover a debt in Romania?
If the conditions for a payment order or a small claim are not met, for example because there is no document accepted by the debtor, or if the debtor raises a genuine dispute, we use the ordinary court procedure. Here we can use any evidence allowed by law, including witnesses and expert reports.
No prior conciliation or mediation is mandatory before filing the claim: under the Code of Civil Procedure, a prior procedure is required only where the law expressly provides for one, and the Constitutional Court struck down the mandatory information session on mediation (Decision 266/2014). In practice, we still send a formal demand first, because it gives the debtor a last chance to pay and serves as evidence.
The claim is filed with the court competent at first instance: the judecătorie (district court) for claims up to 200,000 lei and the tribunal above that amount. As a rule, the competent court is the one where the defendant has its domicile or registered office; for contract claims, the claim can also be filed with the court of the place where the contract was to be performed. A judicial stamp duty, calculated on the value of the claim, is payable when filing.
A first-instance decision can generally be challenged by appeal (apel) within 30 days of its communication. A second appeal (recurs) is available only where the law allows it and must be drafted and argued by a lawyer (or, for companies, an in-house legal adviser), such as one of our Romanian lawyers. This procedure takes longer than the simplified ones; its duration depends on the complexity of the case, the debtor’s defense and the court’s workload. If you choose this option, our Romanian debt collection lawyers can assist you throughout.
How does the forced execution procedure work?
If the debtor still does not pay, we start forced execution (enforcement). This requires an enforceable title: typically an enforceable court decision or a payment order. Certain other documents, such as some notarial deeds and arbitral awards, are also enforceable under the law.
Enforcement is carried out by a court bailiff (executor judecătoresc). We file the enforcement request with the bailiff, who asks the enforcement court to approve the enforcement. Once it is approved, the bailiff can garnish the debtor’s bank accounts and the amounts owed to the debtor by third parties, and seize and sell the debtor’s movable and immovable assets. The debtor can challenge enforcement measures before the enforcement court within the time limits set by law.
The bailiff’s fees and the other enforcement costs are generally advanced by the creditor and then recovered from the debtor. If the debtor is outside Bucharest, our lawyers can represent you before the competent courts and work with the competent bailiff anywhere in Romania.
Can I start insolvency proceedings against the debtor?
Yes, if the debtor is a company. Under the Insolvency Law (Law 85/2014), a creditor can file an insolvency petition with the tribunal if it has a certain, liquid and due claim above 50,000 lei; insolvency is presumed when the debtor has not paid for more than 60 days. If the court opens the procedure, it appoints an insolvency practitioner (judicial administrator or liquidator), who takes over the company’s records and assets, and all creditors are paid within the procedure, in the order of priority set by law. Because it is a collective procedure that usually takes longer than individual recovery, we advise case by case whether it serves your interests.
Debt collection based on breach of contract
In most cases, a debt claim is based on the fact that the debtor breached the payment terms agreed in a contract. The following elements are relevant:
- proof of agreement: a valid contract setting out the payment terms; the contract can also say how disputes are handled, for example amicable negotiation first, or arbitration;
- performance by the creditor: you performed, or offered to perform, your own obligations;
- breach by the debtor: the debtor did not pay as agreed;
- loss: the amount owed and any interest, contractual penalties or damages caused by the late payment.
Proving these elements is an important part of the case, and our lawyers prepare the evidence for you.
A debtor may also withhold payment, arguing that the goods or services were not delivered as agreed, or were insufficient or unsatisfactory. The outcome depends on how serious the alleged breach is: whether a key obligation was not performed at all, whether there was only a minor error, or whether one party announced in advance that it would not perform. A well-drafted contract anticipates these situations, for example by providing a payment plan or a percentage reduction of the price for minor errors. Where the contract is silent, we negotiate with the other party on your behalf or, if the accusation is unfounded, help you prove that you performed as agreed. We assist both when payment is only temporarily withheld because of an alleged breach and when a debt is long overdue.
I am a creditor from another EU country. Which procedures can I use?
You can use the Romanian procedures described above, including the payment order, wherever you are established. For cross-border claims, two European procedures are also available:
- the European Payment Order (Regulation (EC) No 1896/2006), for uncontested money claims of any amount, such as unpaid invoices or debts incurred under an agreement. In Romania, the application is filed with the court competent on the merits at first instance: the judecătorie for claims up to 200,000 lei and the tribunal above that amount. The debtor can file a statement of opposition within 30 days; if it does not, the order is declared enforceable and can be enforced in all EU Member States except Denmark;
- the European Small Claims Procedure (Regulation (EC) No 861/2007), a mainly written procedure for claims of up to EUR 5,000.
If you already hold a judgment from another EU Member State in a civil or commercial matter, it can be enforced in Romania without a separate declaration of enforceability (Regulation (EU) No 1215/2012). Judgments from outside the EU must first be recognized and declared enforceable (exequatur) by a Romanian court. Our lawyers can advise which route suits your claim and assist you throughout the procedure.
Are there specific steps that I need to follow in a debt recovery case in Romania?
Yes. Our Romanian lawyers recommend that you always start with the amicable procedure: it is by far the quickest and cheapest way to recover a debt. Contact us as soon as possible after the payment deadline has passed. The general limitation period for money claims is three years, and a debt becomes harder to recover the older it gets.
What are the recommended means of communication with a Romanian debtor?
We recommend:
- phone;
- email;
- post, preferably registered letter with acknowledgement of receipt.
Note: it is important to keep track of all communication with the debtor; if the case goes to court, you can use it as evidence.
What happens if I cannot contact the debtor?
If the debtor has changed address, our lawyers will find the current details: for companies, the registered office recorded in the Trade Register (ONRC); for individuals, the population records, within the limits allowed by law.
What is the evidence I can use in a debt recovery case in Romania?
The following:
- the contract between the parties and any addenda;
- invoices;
- bank statements;
- notices, demand letters and other correspondence with the debtor;
- payslips, for salary claims;
- witness statements and expert reports, in ordinary proceedings.
Note: the documentation depends on the type of debt you are chasing. Our Romanian debt collection lawyers can review it and advise on the documents you can use to build a strong case.
Do you offer representation in debt recovery court cases in Romania?
Yes, we do. We can also advise on the best procedure to use when you have a choice, and we can take over a debt collection process that has already started, once we have reviewed the file.
Call us now for a free case evaluation with our debt collection lawyers in Romania.
Cristian Darie
Meet Cristian Darie, a committed lawyer at Darie, Manea & Associates skilled in national and international legal matters. Contact our firm for legal assistance.
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Marcela Manea
Meet Marcela Manea, managing partner at Darie, Manea & Associates, a lawyer since 2006, guiding clients through complex legal matters in Romania.
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Oana Darie
Attorney at law: litigation, property restitution (ANRP) and real estate.
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Adriana Tugui
Adriana Țugui heads the litigation and arbitration department at Darie, Manea & Associates and has practised as a lawyer since 2007.
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Laurentia Gheorghe
Laurentia Gheorghe is a senior lawyer leading our Criminal Law and Business Crime Department in Romania. Contact Darie, Manea & Associates for criminal defense.
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