Debt recovery

We start with the claim documents, the due date and the debtor’s position to determine the appropriate steps and their cost. We assist businesses in Romania and internationally, drawing on relevant debt recovery experience.

Assessing the claim and choosing a procedure

We review the contract, invoices and proof of delivery or performance, alongside payments made and any acknowledgements of debt. We establish the scope of the obligation, relevant deadlines, security and grounds for claiming interest, penalties or other compensation.

Our advice considers both obtaining an enforceable title and the prospects of actual payment. The debtor’s financial position and assets or income available for enforcement inform the recovery strategy.

Negotiated recovery

We prepare notices and payment demands and represent creditors in negotiations. Where an agreement is feasible, we draft payment terms, instalment arrangements and the consequences of non-compliance.

Negotiations are coordinated with statutory deadlines and measures needed to protect the claim. We assess proposals against the creditor’s interests, available security and limitation risks.

Court representation

We choose the procedure according to the nature of the claim, available documents and statutory requirements: a payment order, small claims or ordinary proceedings. We prepare applications and evidence and represent clients at the agreed stages. Our analysis of commercial debt recovery explains the differences between these procedures, the evidence required and the role of limitation periods.

We also prepare claims for litigation costs. The court determines whether to award them and in what amount, based on the application and evidence submitted.

Enforcement and debtor insolvency

Where a claim is established by an enforceable title, we prepare the enforcement application and assist the creditor in dealings with the judicial enforcement officer. We also represent clients in enforcement challenges. Enforcement measures are carried out by the competent officer or authority.

If the debtor enters insolvency, we review the opening order and the claim filing deadline. We prepare the proof of claim, check the schedule of claims and protect the creditor’s rights throughout proceedings, including challenges and distributions.

Assistance for local authorities

We provide legal advice and representation to public institutions and local authorities to improve collection of public budget receivables, respecting the statutory powers of tax and enforcement authorities. See also our administrative and tax litigation services.

Useful documents

• The contract, amendments, orders and other documents relating to the business relationship.
• Invoices, evidence of delivery or performance and payment records.
• Correspondence, notices and acknowledgements of debt.
• Security documents, enforceable titles and records from proceedings already underway.

Frequently asked questions

Is an invoice sufficient to recover a debt?

The invoice must be assessed alongside documents proving the obligation and performance. The evidential value of the records and the debtor’s position affect both the merits and the available procedure.

How long does debt recovery take?

Timing depends on the debtor’s response, the procedure, evidence, any appeals and enforcement prospects. After reviewing the documents, we can discuss the stages and an estimated timeframe for the case.

Can insolvency proceedings be sought against a debtor who does not pay?

Only if the statutory requirements are met. We examine the nature, amount and age of the claim, the debtor’s position and other applicable requirements. An unpaid invoice alone is not sufficient to open proceedings.

Can you assist with recovering a debt from an overseas trading partner?

Where the debtor or its assets are abroad, the assessment includes governing law, court jurisdiction and the conditions for recognition and enforcement of the title. Assistance is organised according to the contract, jurisdiction and available documents. A favourable judgment alone does not guarantee payment.

How does the engagement begin?

Briefly describe the debt and the steps already taken. Identify any litigation, enforcement proceedings or approaching deadline so that we can determine the documents needed and the priorities for review.

Debt recovery fees

For debt recovery, our engagement is based on a fixed fee + success fee. The fixed fee covers the agreed services and stages, while the success fee is calculated by reference to the sums actually recovered.

The fixed amount, success percentage, calculation basis and payment timing are agreed at the outset, according to the value of the claims, the number of cases and the complexity of the work. The client therefore knows the cost of the services and how the success fee relates to amounts received.

Discuss a debt recovery matter