Where commercial debt recovery begins
A commercial debt should be pursued through a procedure suited to the documents and specific risks. Before litigation, establish the amount due, the payment deadline, performance of your own obligations, potential counterparty defences and whether insolvency proceedings exist.
The contract, accepted orders, delivery or acceptance records and correspondence should be reviewed together. Part payments, set-off and penalties may affect the amount claimed. For international counterparties, the applicable law, competent court or arbitration forum and location of enforceable assets must also be checked.
When a payment order is appropriate
The payment order procedure under Articles 1014–1025 of the Code of Civil Procedure is available for certain, quantified and due claims supported by the written evidence required by law. It has no general monetary ceiling. The application is filed with the court competent to hear the substantive dispute at first instance, as determined by the applicable jurisdiction rules.
The creditor must first serve a demand allowing 15 days for payment from receipt, through a court enforcement officer or by registered post with declared contents and acknowledgement of receipt. Proof of service accompanies the application. If the debtor’s defences require evidence that cannot be taken in this procedure, recovery may continue through ordinary proceedings.
Small claims and ordinary civil proceedings
Since 15 May 2025, Romania’s small claims procedure has been available for claims up to RON 50,000, excluding interest, legal costs and other ancillary amounts. The district court hears the case at first instance. The procedure is primarily written, but permits hearings and further evidence where necessary and proportionate.
Excluded matters include insolvency, tax, administrative and employment disputes. Where a contractual dispute involves expert evidence, technical defects, reciprocal obligations or complex claims, ordinary proceedings may offer the appropriate evidential framework.
Interest, recovery costs and limitation
For relationships within Law No. 72/2013, late payment may entitle the creditor to late payment interest, recovery costs and minimum compensation of EUR 40, subject to the statutory conditions. Where no rate has been agreed, the applicable statutory late payment rate between professionals is the National Bank of Romania reference rate plus eight percentage points. The contract date and any prohibited combination of ancillary charges must be checked.
The general limitation period is three years, subject to exceptions and grounds for suspension or interruption. A demand does not protect the claim indefinitely: under Article 2540 of the Civil Code, the interrupting effect of a formal notice requires court proceedings to be brought within six months.
Negotiating payment and preparing the documents
Negotiation may produce a payment schedule, security or a settlement. The agreement should clearly state the consequences of non-payment. Where an enforceable title already exists, enforcement should be assessed; where insolvency has opened, recovery must be coordinated with the collective proceedings.
- The contract and amendments; orders and acceptance records.
- Invoices, due dates, payment history and a separate calculation of ancillary amounts.
- Relevant correspondence, acknowledgements of debt and proof of notices.
- Security, enforceable titles and information on insolvency or enforcement proceedings.
Legal assistance with debt recovery
Murar și Asociații assists companies with debt assessment, negotiations, litigation and enforcement-related legal steps, nationally and internationally. For cross-border commercial relationships, the strategy starts with the competent jurisdiction and the practical prospects of recovery.
Updated on 14 September 2026.
Useful questions
Does an invoice always allow a creditor to obtain a payment order?
No. The requirements concerning the claim and written evidence must be met. The contract, acceptance of performance and the debtor’s defences are decisive.
Is there a guaranteed deadline for receiving payment?
No. Procedural deadlines do not guarantee payment. Service of documents, defences, the debtor’s assets and any collective proceedings influence the outcome.
Legal sources
- Civil Procedure Code — Law No. 134 of 1 July 2010 — Articles 1014–1025; Articles 1026–1033
- Law No. 57 of 8 May 2025 — sole article; applicable from 15 May 2025
- Law No. 72 of 28 March 2013 — Articles 1, 3–4, 9–10 and 21
- Government Ordinance No. 13 of 24 August 2011 — Article 3(2¹), Article 8
- Civil Code — Law No. 287/2009, consolidated version — Articles 2517, 2524 and 2540; provisions reconfirmed against the official consolidated text on 14 September 2026
This analysis provides general information by reference to the sources and date stated. Advice on a specific situation depends on the documents, applicable law and any transitional rules.