Outstanding Debt Recovery – Commercial Companies in Romania
Have you entered into a contract or agreement with a Romanian commercial company, and following the issuance of invoices, they have failed to pay for the services rendered or goods delivered,or have only partially paid the outstanding debt?
If you have attempted to resolve the payment issue amicably, initiated negotiations to facilitate the settlement of the outstanding amounts, but have failed to reach a consensus or obtain payment, then you have legal options available.
In such cases, there are three types of legal actions you may pursue before Romanian courts to compelthe debtor company to pay the outstanding amounts. Law Office Arsulescu is here to assist you in securing the best possible outcome.
Law Office Arsulescu has successfullyrepresented numerous clients in recovering outstanding debts, securing asset freezes to safeguard claims, and enforcing court judgments across Romania, with recent successful cases in Bucharest, Oradea, Arad, Timișoara and more.
Below is a brief overview of the options available to you, depending on the specifics of your case:
I. Small Claims Procedure
This is a special procedure governed bythe Romanian Civil Procedure Code, allowing for the recovery of claims up to 50,000 RON.
The application must be submitted using a standardized form approved by Order of the Minister of Justice.
The court’s decision is enforceable, meaning that even if the debtor challenges it through an appeal, you may proceed with enforcement proceedings to recover your claim.
This procedure is faster and more straightforward.
II. Payment Ordinance Procedure
This procedure is applicable in cases where the debt is certain, liquid, and due, and is established by a contract between professionals, other written instruments, signed invoices or as determined under a statute or regulation signed or otherwise accepted in a legally recognized manner.
If you have an executed contract, anunpaid invoice, or a partially paid debt, this procedure enables faster recovery than other methods due to its urgent nature.
As with the small claims procedure,the court decision is enforceable, and immediate enforcement can follow the court's ruling.
III. Ordinary Legal Proceedings
If, due to the complexity of the dispute or the available documentation, neither of the above procedures is suitable, you may initiate a lawsuit under the general rules of civil procedure.
This process allows for the presentation of all necessary evidence to establish the truthand secure debt recovery. However, it typically involves a longer timeframe to obtain a final judgment.
NOTE:
To secure your claim, we may also assist you with requesting a precautionary seizure(sechestru asigurător), which enables you to freeze the debtor’s assets or goods up to the amount owed.
Why Choose Law Office Arsulescu?
The debt recovery team at Law Office Arsulescu can assist you with:
• Identifying the most suitable legal solution for your specificcase;
• Representation before Romanian courts;
• Obtaining precautionary seizure orders to safeguard your claim;
• Conducting enforcement proceedings following a favorable court ruling.
In one of our most recent cases, following court representation by Law Office Arsulescu on behalf of a client—a Serbian-based commercial company—the firm successfully obtained a paymentorder compelling the Romanian debtor to pay EUR 25,273.15 as outstanding debt, along with penalty interest up to the date of full payment.
In another recent success, the Law Office Arsulescu obtained a court-approved freeze of assets in an ongoing commercial litigation case before the Bihor Tribunal. Acting swiftly on behalf of our client, we filed a motion for precautionary seizure of the debtor’s assets—approx. 100K EUR—alongside a claim for the recovery of outstanding debts. Given the urgency of the matter, the court granted the application, ordering that the company’s assets and funds be frozen until the final resolution of the case, subject to a security deposit. This interim measure significantly strengthens our client’s position by preventing the dissipation of assets during the proceedings. Asset freezing is a powerful legal tool, particularly effective in cases where there is a risk that the debtor may become insolvent or hide assets before a final judgment is issued. Our firm offers full strategic and procedural support in pursuing such remedies, ensuring maximum protection for creditors from the very beginning of the legal process.
This result underscores the reliability and effectiveness of our legal services.
If you are in a similar situation,the Law Office Arsulescu team is ready to support you throughout the entire legal process, from initial consultation to final enforcement of the judgment against your debtor.
