Recovering Unpaid Invoices From Romanian Companies: Which Procedure to Use and in What Order

At a glance

Small claims: claims up to RON 50,000, written and fast

Payment order: for claims that are certain, liquid and due, backed by contract and invoices

Ordinary claim: for complex disputes requiring extensive evidence

The step that decides payment: protective measures taken before or during proceedings

Choosing the procedure

Small claims

Available for claims up to RON 50,000. The procedure is mainly written, runs on standard forms and concludes quickly, and the judgment is enforceable.

Payment order

The right choice where the claim is certain, liquid and due, evidenced by a contract, accepted invoices or correspondence acknowledging the debt. Being a summary procedure, it excludes defences that need expert evidence or witnesses, which favours a creditor whose paperwork is in order.

Ordinary claim

The route for disputed matters, where performance of the contract, the quality of the services or the extent of the loss is contested. It takes longer but allows full evidence to be presented.

Why protective measures matter

An enforceable title is not money if the debtor has no assets left by the end of the case. Precautionary seizure and garnishment freeze the debtor's assets and accounts until the dispute is resolved.

In practice, this is what separates files that get paid from files that are only won on paper.

The order of the steps

Checking the debtor, its financial position, pending cases and any insolvency proceedings, comes before anything else. Then a formal demand, and if that produces nothing, the appropriate court procedure and, where the risk justifies it, protective measures.

Frequently asked questions

How long does commercial debt recovery take?

Under the special procedures, a few months to an enforceable title. Enforcement adds time, depending on the debtor's assets and any challenges.

What documents do I need to start?

The contract, the invoices, proof of delivery or performance and the correspondence with the debtor. An acknowledgement of the debt, even by email, strengthens the file considerably.

Can I claim penalties and interest?

Yes, where the contract provides for them, and absent a clause you can claim penalising statutory interest. They must be expressly claimed; courts do not award them of their own motion.

What if the debtor becomes insolvent?

The claim is registered with the insolvency estate within the deadline set by the judge. Recovery becomes uncertain, which is why speed matters so much.

I am a company based abroad. Can I recover from Romania?

Yes. Proceedings run before the Romanian courts under a power of attorney, without your representatives travelling. Dedicated European procedures are also available for cross-border claims.

What does recovery cost?

The cost structure covers stamp duty, counsel's fee and, at the enforcement stage, the bailiff's fee. Legal costs are generally recovered from the debtor.