Debt recovery between legal entities 2026

Chapter 1

General framework and essential concepts

Who counts as a "professional", what a "certain, liquid and due" claim means, and the available recovery instruments

With the entry into force of the Civil Code (Law no. 287/2009), Romanian law abandoned the traditional distinction between civil and commercial relations and adopted a unitary regime, differentiated by reference to the capacity of professional. Under art. 3 of the Civil Code, professionals are all those who exploit an enterprise — that is, systematically carry on an organised activity consisting in the production, administration or disposal of goods or in the provision of services, whether or not with a profit-making purpose. In the practice of debt recovery, this category covers commercial companies governed by Law no. 31/1990, authorised individuals (PFA), individual and family enterprises.

The conditions of the claim: certain, liquid and due

Nearly all recovery instruments require the creditor's right to satisfy three cumulative conditions, defined in art. 662 of the Civil Procedure Code:

Certain — its existence is beyond doubt, resulting from the enforcement title itself or from other writings emanating from the debtor or recognised by them (accepted invoice, contract, delivery slip, balance confirmation).
Liquid — its object is determined, or at least determinable through the title itself, through other writings or by law (the amount can be established through a mere arithmetic operation).
Due — has become payable; that is, the payment term set by contract or by law has expired.

Map of recovery instruments in Romania

Instrument	When to use	Legal basis
Notice / amicable summons	Always, as a preliminary stage; mandatory for the payment order	Civil Code; art. 1,015 CPC
Payment order	Certain, liquid, due claim, evidenced in writing, arising from a contract	art. 1,014–1,025 CPC
Small claims procedure	Claims up to RON 50,000, written procedure, standard form	art. 1,026–1,033 CPC
Ordinary procedure	Contested, complex claims, or those that do not meet the conditions of the special procedures	Book II CPC
Enforcement	An enforcement title already exists (judgment, payment order, enforceable contract)	art. 622 et seq. CPC
Insolvency	Debtor in a state of insolvency, claim > RON 50,000 unpaid > 60 days	Law no. 85/2014

Strategic principle

The choice of instrument depends on three variables: whether an enforcement title exists (if so, go directly to enforcement), whether the claim is contested or not (uncontested → fast procedures), and the amount (under RON 50,000 → small claims). Insolvency is not, in principle, an individual recovery tool but a collective procedure — using it solely as pressure for a contested claim is risky.

Chapter 2

Amicable stage and default notice

The notice, the summons to pay, the effects of placing the debtor in default, and conciliation

Debt recovery begins, as a rule, with an amicable stage. Beyond the commercial reasons (preserving the business relationship, avoiding the costs of litigation), the notice produces precise legal effects and is, for certain procedures, a condition of admissibility.

Placing the debtor in default

Under art. 1,521–1,526 of the Civil Code, the debtor may be placed in default either through a written notice by which the creditor requests performance of the obligation, or by operation of law in the cases expressly provided by the law or agreed by the parties. In relations between professionals, art. 1,523(2)(d) of the Civil Code provides that the debtor is in default by operation of law where they have failed to perform the obligation to pay a sum of money assumed in the exercise of an enterprise's activity. Placing the debtor in default triggers the running of damages (late-payment interest) and shifts the risk onto the debtor.

The summons — mandatory prior condition for the payment order

In the payment order procedure, communication of a summons is not optional. Art. 1,015 of the Civil Procedure Code requires the creditor to communicate to the debtor, through a bailiff or by registered letter with declared content and acknowledgment of receipt, a summons calling on them to pay the sum owed within 15 days of receipt. Proof of communication of the summons is attached to the application, on pain of its rejection as inadmissible. The summons interrupts the limitation period under art. 2,540 of the Civil Code.

What an effective notice should contain

Exact identification of the parties and of the underlying legal relationship (contract, order, invoice, series and number).
The amount of the principal debt, the late-payment interest calculated up to date and, where applicable, the minimum compensation of €40 (Law 72/2013).
A clear payment deadline and payment details (IBAN account).
A warning regarding the judicial steps and the debtor's liability for costs in case of non-payment.
Transmission by a means that ensures proof of communication and of the date.

Key takeaway

A well-drafted notice is not a formality but an act that fixes the date of default, interrupts the limitation period, triggers the running of interest and — often — leads to payment without proceedings. For the payment order, the absence of proof of the summons leads to the rejection of the application as inadmissible.

Chapter 3

Interest, damages and payment terms

Law no. 72/2013 and Government Ordinance no. 13/2011 — the regime of accessories in relations between professionals

Late payment in transactions between professionals is governed by Law no. 72/2013 on the measures for combating late payment of sums of money arising from contracts between professionals and between them and contracting authorities. The law transposes Directive 2011/7/EU and establishes a creditor-friendly regime.

+8 p.p. Statutory late-payment interest between professionalsthe reference rate of the National Bank of Romania (the monetary policy rate) plus 8 percentage points — art. 3(2) of Law 72/2013, together with Government Ordinance 13/2011.

Payment terms

Law 72/2013 limits the parties' freedom to set excessive payment terms:

Between professionals — the payment term may not exceed, as a rule, 60 calendar days. The parties may agree on a longer term only if it is not grossly unfair to the creditor.
Professional to a contracting authority — the payment term is, as a rule, at most 30 days, extendable up to a maximum of 60 days under the conditions of the law.
In the absence of a contractual term — late-payment interest runs by operation of law upon expiry of a 30-day term from receipt of the invoice or from acceptance of the goods or services.

Minimum compensation and additional damages

In addition to late-payment interest, art. 8 of Law 72/2013 recognises the creditor's right to a minimum, automatic compensation of the leu equivalent of €40 for the recovery costs of the claim, without the need for a special notice. The creditor may also claim additional damages for all costs incurred in recovery, to the extent they exceed this amount.

Unfair clauses

Clauses that unjustifiably exclude or limit the creditor's right to late-payment interest or to the €40 compensation, or that set excessive payment or verification terms, are null (or, where applicable, considered grossly unfair). The court may set such clauses aside and apply the statutory regime.

Useful distinction

For relations that do not arise from the exploitation of an enterprise, the ordinary statutory late-payment interest applies (GO 13/2011): the BNR reference rate plus 4 percentage points. The "+8 points" regime and the €40 compensation are specific to relations between professionals and to those with contracting authorities.

Chapter 4

Limitation period

The 3-year term, the starting point, interruption and suspension

The right to obtain forced recovery of a claim is not unlimited in time. Under art. 2,517 of the Civil Code, the general limitation period is 3 years, unless the law provides another term. This term applies to claims between professionals — for example, the right to demand payment of the price of goods delivered or services rendered.

From when the limitation period runs

As a rule, the limitation period starts running from the date the claim became due — that is, from the maturity of the payment obligation (art. 2,523–2,524 of the Civil Code). For each invoice with its own due date, the term is calculated separately.

Interruption of the limitation period

The limitation period is interrupted — and a new term starts running — in the cases provided by art. 2,537 of the Civil Code, including:

acknowledgment of the debt by the debtor (partial payment, balance confirmation, request for staggered payment);
filing a court action or an arbitration request;
placing in default, followed by the filing of a court action within 6 months (art. 2,540 Civ. Code) — the effect also invoked through the summons in the payment order procedure.

Suspension of the limitation period

In the cases of suspension (art. 2,532 of the Civil Code — for example, negotiations conducted in view of an amicable settlement), the limitation period is temporarily stopped and resumes upon the cessation of the cause. The limitation period does not expire before the lapse of 6 months from the cessation of the suspension.

Practical caveat

Limitation does not operate ex officio: it must be invoked by the debtor under art. 2,512–2,513 of the Civil Code, through the statement of defence or at the latest at the first hearing at which the parties are duly summoned. For the creditor, the essential point is not to let the 3-year term expire without an act of interruption — a mere written acknowledgment by the debtor resets the term.

Chapter 5

The payment order procedure

A special, fast procedure for uncontested claims — art. 1,014–1,025 CPC

The payment order is, in practice, the preferred instrument for recovering uncontested claims between professionals. Governed by art. 1,014–1,025 of the Civil Procedure Code, it unified the former procedures of the payment summons (GO 5/2001) and the payment order (GEO 119/2007), offering a simple and fast judicial path.

Scope

Under art. 1,014 CPC, the procedure applies to certain, liquid and due claims, consisting of obligations to pay sums of money arising from a civil contract, including those concluded between a professional and a contracting authority, evidenced by a writing or determined under a statute, by-laws or another instrument accepted by the parties. Claims registered in the creditors' list within an insolvency procedure are excluded.

Steps of the procedure

Mandatory prior summons — the creditor communicates to the debtor a summons with a 15-day payment term (art. 1,015).Through a bailiff or by registered letter with declared content and acknowledgment of receipt; proof is attached to the application.
Application to the court — the competent court is the one that would hear the merits at first instance (art. 1,016).The application contains the amount, the factual and legal grounds, the manner of calculation, and proof of the summons.
Summoning the parties — the court summons the parties for explanations and to insist on payment (art. 1,018).The debtor may contest the claim through a statement of defence.
Issuance of the order — if the claim is well-founded, the court issues the payment order, setting the payment term (art. 1,021).The payment term may be no less than 10 days and no more than 30 days from communication.
Annulment application — the specific remedy, within 10 days of communication (art. 1,024).Decided by the court that issued the order, in a panel of two judges.

Advantages and limits

Advantages

Fast resolution, with the parties summoned, without administering an extensive body of evidence.
Reduced court stamp duty (RON 200, fixed).
The order is enforceable and has provisional authority even if an annulment application is filed.

Limits

Unsuitable for seriously contested claims involving complex evidence.
If the debtor's defences are well-founded, the court rejects the application and the creditor must follow the ordinary procedure.
Requires a writing from which the claim arises.

Combination with other procedures

Rejection of a payment order application does not have res judicata effect on the merits: the creditor may subsequently bring an ordinary action. Likewise, the payment order procedure and the small claims procedure are not mutually exclusive — the creditor chooses the path most suitable for the case.

Chapter 6

Small claims procedure

Written procedure, standard form, for claims up to RON 50,000 — art. 1,026–1,033 CPC

2025 legislative update

Through Law no. 57/2025 (promulgated by Decree no. 627/2025, May 2025), the threshold of the small claims procedure was increased fivefold — from RON 10,000 to RON 50,000 — by amending art. 1,026(1) of the Civil Procedure Code. The amendment substantially broadens the scope of claims recoverable through this fast track.

The small claims procedure, regulated by art. 1,026–1,033 of the Civil Procedure Code, transposes into national law the logic of the similar European procedure. It applies where the value of the claim, excluding interest, court costs and other accessory income, does not exceed RON 50,000 at the date the court is seised.

Features

Written procedure — as a rule, without the parties' appearance; the court may order appearance only if it deems it necessary.
Standard forms — the application is filed on an approved, easy-to-fill form, accompanied by writings.
Reduced stamp duty — RON 50 if the claim does not exceed RON 2,000, and RON 200 for those above.
Short deadlines — the court delivers and communicates the judgment shortly after receiving the defendant's response or after the response term expires.
The judgment is enforceable by operation of law and may be challenged only by appeal, within 30 days of communication.

When to choose it instead of the payment order

The small claims procedure does not require the debtor to be in default through a mandatory prior summons and does not condition admissibility on the existence of a contract — it is useful for claims under RON 50,000 arising from a wider range of relationships. The payment order remains preferable for larger but uncontested claims evidenced in writing.

Chapter 7

Ordinary court procedure

The court action, where the special procedures are not suitable

When the claim is seriously contested, of a large amount and not arising from a clear writing, or involves complex evidence (expert reports, witnesses), recovery is pursued through the ordinary action — the court application regulated in Book II of the Civil Procedure Code.

Jurisdiction

By value — the district court (judecătoria) hears claims with a monetary value up to RON 200,000, and the tribunal hears those above (art. 94–95 CPC).
By territory — as a rule, the court of the defendant's domicile/registered office; in contractual matters, the claimant may also seise the court of the place set for performance (art. 113 CPC).

Essential steps

The court applicationContent under art. 194 CPC; writings and proof of payment of the stamp duty (computed on the value of the claim) are attached.
Regularisation and service of the applicationVerification of formal requirements; service on the defendant, who files a statement of defence.
Judicial investigation and debatesAdministration of evidence: writings, accounting expertise, interrogation, witnesses.
The judgmentGenerally subject to appeal; once final, it constitutes an enforcement title.

Precautionary measures

To prevent the debtor's insolvency during the proceedings, the creditor may request the imposition of a precautionary seizure on the debtor's assets or a precautionary garnishment on sums of money (art. 952 et seq. CPC), usually subject to a surety. These "freeze" the debtor's patrimony until the title is obtained.

Chapter 8

Enforcement

Realising the enforcement title through the bailiff

Obtaining a title is not the same as collecting the money. If the debtor does not pay voluntarily, the claim is realised through enforcement, governed by art. 622 et seq. of the Civil Procedure Code and carried out through the bailiff.

What constitutes an enforcement title

Final court judgments and those that are provisionally enforceable;
Payment orders and judgments delivered in the small claims procedure;
Arbitral awards;
Authentic notarial deeds and other instruments to which the law confers enforceability (for instance, credit agreements, certain leasing contracts, promissory notes and bills of exchange).

Conduct of enforcement

Enforcement application filed with the competent bailiff.Accompanied by the enforcement title.
Authorisation of enforcement by the enforcement court.Formal verification of the conditions.
The summons and the enforcement actsThe debtor is given a term for voluntary payment, after which enforcement begins.
Means of enforcementGarnishment (bank accounts, sums due from third parties), pursuit of movable and immovable property, pursuit of fruits and revenues.

Bank account garnishment

The most effective means in relations between professionals is often bank account garnishment. Identifying the debtor's accounts and banks, and verifying actual solvency, are essential steps before triggering enforcement — enforcement against a debtor without assets remains fruitless and merely generates costs.

Chapter 9

Insolvency as a recovery tool

Law no. 85/2014 — the collective procedure, the threshold and the prudence required

When the debtor is in a state of insolvency — that is, the funds available are insufficient to pay certain, liquid and due debts — the creditor may request the opening of insolvency proceedings under Law no. 85/2014 on insolvency prevention and insolvency procedures.

RON 50,000 The threshold valuethe minimum amount of the claim that allows the filing of an insolvency petition, by both the creditor and the debtor — art. 5 point 72 of Law 85/2014.

Conditions for the creditor's petition

The claim must be certain, liquid and due;
The amount must exceed the threshold of RON 50,000;
The state of insolvency must be presumed — the debtor is presumed insolvent when they have not paid the debt within 60 days of maturity.

Effects of the opening of proceedings

The opening of the procedure suspends all judicial actions and individual enforcement against the debtor; creditors realise their rights exclusively within the collective procedure, through registration in the creditors' list on the basis of an application for admission of the claim. Recovery is then made in the order of priority established by law, either within a reorganisation plan or through bankruptcy and the liquidation of assets.

Strategic caveat

An insolvency petition can be an effective pressure tool against a solvent debtor who unjustifiably refuses payment, but it is a collective procedure, not an individual recovery means. For a contested claim, filing an insolvency petition is risky: it may be rejected, and abusive use may attract the creditor's liability. Recovery within an insolvency procedure is also often partial and lengthy.

Chapter 10

Tax aspects of uncollected claims

VAT and corporate income tax treatment — Fiscal Code (Law no. 227/2015)

In addition to the procedural dimension, uncollected claims carry tax consequences that the creditor professional must manage, under Law no. 227/2015 (Fiscal Code).

VAT adjustment for uncollected claims

The VAT taxable base is reduced, under art. 287 of the Fiscal Code, where the consideration for a supply / service cannot be collected — among other situations, as a result of the closing of the debtor's insolvency procedure by a final judgment, or in other situations provided by law. The supplier may thus recover the VAT collected and paid on an invoice that has remained uncollected, subject to the statutory conditions and deadlines.

Expenses with uncollected claims for corporate income tax

Adjustments for impairment of claims — deductible within the limits and conditions set by art. 26 of the Fiscal Code (deductibility percentages correlated with the age and the legal situation of the claim, for example the opening of the debtor's insolvency).
Losses on claims — deductible, in whole or in part, in the situations expressly provided by art. 25(4) of the Fiscal Code, including claims against a debtor in bankruptcy (on the basis of the final judgment closing the procedure) or those covered by an insurance contract.

Recommendation

Rigorous documentation of recovery steps (notices, judgments, proof of registration in the creditors' list) is useful not only procedurally but also fiscally: it conditions the right to adjust VAT and to deduct losses on claims. The actual tax treatment must be verified case by case, since the regime depends on the precise legal situation of the debtor and on the timing of the deduction.

Chapter 11

EU framework and jurisdiction

When a case is "cross-border" and how the competent court is determined — Brussels I bis Regulation

Where the debtor is established in another EU Member State, the Romanian creditor has at their disposal a set of European procedural instruments that simplify, accelerate and reduce the costs of recovery. These instruments apply, as a rule, in cross-border cases — where at least one of the parties is domiciled or habitually resident in a Member State other than that of the court seised.

Judicial jurisdiction — Regulation (EU) No 1215/2012 (Brussels I bis)

Regulation (EU) No 1215/2012 sets the rules on jurisdiction and on the recognition and enforcement of judgments in civil and commercial matters. The general rule is the jurisdiction of the court of the defendant's domicile/registered office; in contractual matters, the claimant may also seise the court of the place of performance of the obligation (delivery of goods or provision of services). The parties may, by jurisdiction clause, agree on the competent court.

Abolition of exequatur

The main simplification brought by Brussels I bis is the abolition of the exequatur procedure: a judgment delivered in a Member State is recognised and enforceable in the other Member States without an intermediate authorisation procedure. The creditor may apply directly to the enforcement bodies of the Member State of enforcement, on the basis of the judgment and a standard certificate issued by the court of origin (art. 53).

The four European procedural instruments

In addition to the recognition of national judgments, EU law makes available to the creditor four autonomous procedures, discussed in the following chapters:

Instrument	Role	Regulation
European payment order	Fast obtention of a title for uncontested claims	(EC) 1896/2006
European small claims procedure	Cross-border low-value disputes (≤ €5,000)	(EC) 861/2007
European enforcement order	Certification of a title for uncontested claims, directly enforceable	(EC) 805/2004
Account preservation order	Precautionary measure on bank accounts in another Member State	(EU) 655/2014

Chapter 12

European payment order

The European procedure for recovering uncontested claims — Regulation (EC) No 1896/2006

Regulation (EC) No 1896/2006 establishes a European order for payment procedure for monetary, liquid and due, uncontested claims, in cross-border civil and commercial cases. The procedure is uniform throughout the Union (except for Denmark) and is conducted entirely on the basis of standard forms.

How it works

The application — standard form AThe creditor completes form A from the annex to the regulation, indicating the parties, the claim, the grounds and the evidence elements, without attaching evidence.
Issuance of the orderThe court verifies the application formally and, if the conditions are met, issues the European order for payment, as a rule within 30 days.
Opposition deadline — 30 daysThe defendant may oppose, without stating reasons, through form F, within 30 days of communication.
EffectsIn the absence of opposition, the order becomes enforceable and circulates freely: it is recognised and enforced in the other Member States without exequatur. If opposition is filed, the case proceeds, as a rule, to ordinary civil procedure.

Key advantage

The European order for payment has no monetary threshold and produces a directly enforceable title throughout the Union, without intermediate procedures. It is the right instrument for high-value uncontested claims against a debtor in another Member State.

Chapter 13

European procedure for small claims

Cross-border low-value disputes — Regulation (EC) No 861/2007

Regulation (EC) No 861/2007 establishes a European simplified procedure for small claims in cross-border civil and commercial cases. Unlike the European payment order, this procedure is also available for contested claims, leading to a judgment on the merits.

€5,000 Monetary thresholdthe value of the claim, excluding interest, costs and other charges, must not exceed €5,000 at the date the competent court receives it. The threshold was increased from €2,000 by Regulation (EU) 2015/2421, applicable from 14 July 2017.

Features

Written procedure, on standard forms (form A for the application), with a hearing only exceptionally.
Short deadlines and the use of distance communication means, including electronic and videoconferencing.
The judgment is recognised and enforceable in the other Member States without exequatur and without the possibility to oppose recognition (with very limited exceptions).
Representation by a lawyer is not mandatory, although it is recommended in cases with a contested element.

Chapter 14

European enforcement order

Certification of judgments on uncontested claims — Regulation (EC) No 805/2004

Regulation (EC) No 805/2004 creates the European enforcement order (EEO) for uncontested claims. It is not a procedure for obtaining a judgment, but a certification mechanism: a judgment, a court settlement or an authentic instrument on an uncontested claim, delivered/concluded in a Member State, is certified as a European enforcement order by the court of origin.

Effect of certification

Once certified as an EEO, the title circulates freely and is enforced in any other Member State without the need for a declaration of enforceability (exequatur) and without the possibility to oppose its recognition. In practical terms, the debtor can no longer block enforcement in the Member State of enforcement by contesting recognition.

When the claim is deemed "uncontested"

the debtor expressly recognised it (for example, through a court-approved settlement);
the debtor never contested it during the judicial procedure;
the debtor did not appear at the hearing after initially contesting it, or recognised it through an authentic instrument.

Compared to the European payment order, the EEO is useful when the creditor already holds a Romanian judgment or authentic instrument concerning an uncontested claim and wishes to enforce it in another Member State. Brussels I bis (abolition of exequatur) and the EEO coexist; the specific choice depends on the nature of the title and the enforcement strategy.

Chapter 15

European Account Preservation Order

Freezing the debtor's bank accounts in another Member State — Regulation (EU) No 655/2014

Regulation (EU) No 655/2014 establishes the European Account Preservation Order (EAPO), a measure that allows a court of one Member State to freeze the funds in the debtor's bank accounts in another Member State, facilitating cross-border debt recovery in civil and commercial matters.

Essential features

Precautionary nature — the order freezes funds but does not transfer them to the creditor; it is a guarantee that, at the time of enforcement, the debtor will not be insolvent.
Ex parte procedure — conducted without prior notice to the debtor, in order to avoid the transfer of funds (surprise effect).
Only in cross-border cases — the preserved account must be in a Member State other than that of the seised court or of the creditor's domicile.
Safeguards for the debtor — to compensate for the lack of adversarial process, the regulation provides for remedies as soon as the debtor becomes aware of the freezing, as well as, as a rule, the creditor's obligation to provide security.
Automatic recognition — the order issued in a Member State is recognised and enforceable in the others without special procedures.

The order can be obtained both before obtaining a title (during the proceedings) and after obtaining a judgment, a court settlement or an authentic instrument.

Chapter 16

Directive 2011/7/EU on late payment

The common substantive foundation of professional creditor protection in the EU

Beyond the procedural instruments, EU law harmonises the substantive regime of late payment in commercial transactions through Directive 2011/7/EU of the European Parliament and of the Council. This directive is transposed in Romania by Law no. 72/2013 (Part I, Chapter 3) and ensures a common minimum level of protection for the professional creditor across all Member States.

Common standards imposed by the directive

Payment terms — as a rule, 30 days between undertakings (up to 60 days by agreement, if not grossly unfair) and 30 days for public authorities.
Late-payment interest — at least the central bank reference rate plus 8 percentage points, due automatically, without notice.
Minimum compensation — a fixed amount of at least €40 for recovery costs, plus reasonable additional damages.
Unfair clauses and practices — clauses that unjustifiably exclude these rights are sanctioned.

Why it matters in cross-border practice

Since the directive is transposed in all Member States, a Romanian creditor contracting with a partner from another Member State enjoys a comparable regime of accessories anywhere in the Union. The details (the exact reference rate, the formalities) remain governed by the law applicable to the contract, which must be checked case by case. Important: at EU level, a reform of the rules on late payment is under debate; the applicable content must be verified for each specific situation.

Chapter 17

Choosing the right instrument · Checklist

A decision tree and the practical steps for the professional creditor

How to choose the instrument

Situation	Recommended instrument
Debtor in Romania, uncontested claim, writing exists	Payment order (after the 15-day summons)
Debtor in Romania, claim ≤ RON 50,000	Small claims procedure
Debtor in Romania, contested / complex claim	Ordinary procedure + precautionary measures
Enforcement title already exists, debtor in Romania	Enforcement (garnishment, seizure)
Insolvent debtor, claim > RON 50,000, > 60 days	Insolvency (Law 85/2014)
Debtor in another EU Member State, uncontested claim	European payment order (Reg. 1896/2006)
Debtor in another EU Member State, claim ≤ €5,000	European small claims (Reg. 861/2007)
Uncontested RO title to be enforced in another EU State	European enforcement order (Reg. 805/2004) or Brussels I bis
Risk that the EU debtor empties their accounts	Account preservation order (Reg. 655/2014)

Creditor's checklist

Check whether the claim is certain, liquid and due, and whether there are writings (contract, accepted invoice, balance confirmation).
Calculate the limitation period (3 years) and identify any acts of interruption or suspension.
Send a written notice / summons with proof of communication; place the debtor in default.
Calculate the late-payment interest (BNR reference rate + 8 p.p.) and include the €40 compensation.
Verify the debtor's actual solvency (accounts, assets, other enforcement or insolvency proceedings in progress).
Choose the appropriate instrument based on amount, contestation and the existence of a title.
For EU debtors, determine whether the conditions for the European instruments are met.
Manage the tax consequences (VAT adjustment, deduction of losses on claims).

Key takeaway · Romania

Speed through special procedures

The payment order and the small claims procedure (threshold raised to RON 50,000 in 2025) offer fast and inexpensive paths for uncontested claims.

Key takeaway · EU

Titles that circulate freely

The European payment order, the EEO and Brussels I bis have abolished exequatur: titles become directly enforceable across the Union.

Prevention

A well-drafted contract

Clauses on payment term, late-payment interest, automatic termination, jurisdiction clauses and guarantees significantly reduce the risk of non-collection.

Prevention

Prompt action

The earlier the intervention, the higher the recovery chances; delay favours the debtor's insolvency and the running of the limitation period.

How we can help

The Petcu Partners team assists companies through all stages of debt recovery — from the analysis of the file and the drafting of the notice, through representation in the special procedures (payment order, small claims), ordinary procedure, enforcement, insolvency, and the European cross-border instruments. For an evaluation of your situation, you can contact us using the details in the contact section of the website.