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.
Commercial rent arrears in Romania: is the lease already enforceable?
Editorial addition: 30 October 2026. The sources for this section were checked on this date.
For a company letting commercial premises, the first question is not always which lawsuit to bring. Check whether an enforceable title already exists for the unpaid rent. An invoice and the enforceability of the lease are separate issues.
The form of the lease and the amount pursued
Under Article 1798 of the Romanian Civil Code, a lease executed in authentic form and a privately signed lease registered with the tax authority constitute enforceable titles for payment of rent, subject to the statutory conditions. Where those requirements are met, the landlord may seek enforcement of rent without first obtaining a judgment ordering payment. Enforcement remains subject to the legal checks, including whether the claim is certain, quantified or quantifiable and due under Article 663 of the Code of Civil Procedure.
Do not assume that every item on the same invoice automatically has the same treatment. Separate rent from utilities, operating charges, penalties and damages. Each component requires its own assessment of the legal basis, calculation and ability to enforce it under the available title. Recovering rent, terminating the lease and recovering possession are distinct legal objectives.
What the business should prepare
- The complete lease, amendments and evidence of the authentic form or tax registration relied upon.
- A schedule of rent by period, currency, due dates and payments; other amounts claimed should be shown separately.
- The security deposit provisions and evidence of any application or repayment of the deposit, avoiding double counting.
- Handover or return records, notices and correspondence about occupation, defects or termination.
- Any enforcement document or record of insolvency proceedings; for a cross-border relationship, the chosen law and jurisdiction clause.
Why Constitutional Court Decision No. 15/2026 matters
The decision of 15 January 2026, published in Official Gazette No. 886 on 22 October 2026, dismissed as inadmissible the constitutional challenge concerning Article 1798 of the Civil Code and Article 450(1) of the Code of Civil Procedure. It did not introduce an automatic suspension of rent payments. Its reasoning distinguishes enforcement based on a lease from provisional enforcement of a court judgment.
Where the debt is disputed, proceedings concerning the contract, an enforcement challenge and an application for a stay must be assessed separately. In the cases it covers, Article 638(2) also allows an application for a stay in substantive proceedings seeking to set aside the title. The mere existence of a lawsuit does not mean enforcement has stopped. Our enforcement guide explains the distinction between these remedies.
The contract date, the date enforcement began and any special rules must be checked before applying this framework. Payment difficulties or collective proceedings should be considered alongside creditors’ rights in insolvency.
Legal assistance with your company’s debt recovery. For an initial discussion, briefly describe the rent arrears, periods concerned and steps already taken; detailed documents can be arranged after the conflict check.
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.
An unpaid invoice: what a business prepares before speaking with a lawyer
An unpaid invoice immediately raises the question, “How do we recover the money?”. To discuss the options usefully, the business should first be able to explain what was agreed, what it performed, the amount still unpaid and the counterparty’s response. An organised file helps clarify the commercial problem before the legal assessment.
1. Identify the company named in the contract
The name by which a trading partner is known is not always the legal name of the company that contracted. Check the records and identify the creditor and debtor, including the registration details available. For a cross-border relationship, record the countries involved and the language of the documents. Do not assume that another group company is the entity required to pay.
2. Make the outstanding balance traceable
Prepare a schedule with each invoice number, currency, amount, due date, partial payments and balance. Show the principal separately from the interest or penalties you wish to claim. Those additional amounts should be discussed together with their basis, rather than simply added to the total.
3. Connect the invoice with performance
Organise the contract, amendments, orders and agreed terms. Match the invoices to delivery, acceptance or service records. This makes the connection between the payment obligation and the commercial transaction understandable. Keep the originals and a clearly ordered set of working copies.
4. Explain the counterparty’s position
A lack of response and an objection about service quality are different situations. Summarise payment promises, notices, instalment proposals and the objections raised. A short chronology should be capable of being checked against the underlying messages and records.
5. Flag proceedings and urgent dates
Mention at the outset any existing litigation, enforcement, insolvency notice or title obtained in another country. Identify dates appearing in documents received and any approaching hearing or response date. Organising the records does not replace the legal calculation and verification of deadlines.
6. State the commercial objective
Explain what the business seeks: full payment, instalments, a settlement or a decision on further action. Known information about the debtor’s assets and the importance of preserving the trading relationship are relevant. Separate verified information from assumptions.
For the first discussion, a short description of the parties, balance, currency, steps already taken and urgency is more useful than an unordered collection of files. The exchange of detailed records can be arranged after the initial discussion and conflict check.
Murar și Asociații provides a case preparation checklist in Romanian and English for organising the file internally. It is a general resource: it does not establish that a claim exists, select a procedure or guarantee recovery. Advice on a particular matter requires review of the documents and agreement on the scope of legal assistance.
The checklist is available without registration. Confidential documents are not needed to download it.
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.
The legal sources for the analysis were checked on 14 September 2026. The practical case preparation checklist was added on 7 October 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
Sources for the rent addition
- Romanian Civil Code, Article 1798
- Code of Civil Procedure, Articles 450, 632, 638(2), 663, 713 and 719
- Constitutional Court Decision No. 15/2026, reasoning paragraphs 19–26 and operative ruling
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.