Cross‑border debt recovery in Romania: notice template, steps, strategies (toolkit)

Important: General information only (not legal advice). Always verify the applicable rules in the binding legal texts and the current version of the law: Romanian Civil Code (Portal Legislativ), Romanian Civil Procedure Code (Portal Legislativ), OG No. 13/2011 on statutory interest (Portal Legislativ), Law No. 72/2013 on combating late payment in commercial transactions (Portal Legislativ), and (where relevant) OUG No. 119/2007 (Portal Legislativ).

1) Fast map: from notice to enforcement (Romania + EU cross‑border)

Cross‑border debt recovery works best when you combine (1) a strong pre‑litigation record (notice + evidence) with (2) the right procedural route. In Romania, the Civil Procedure Code includes fast‑track tools such as the “payment order” (ordonanța de plată) procedure (Title IX) and the low‑value claim procedure (Title X) (CPC – Portal Legislativ). In EU cross‑border cases, you may also have standardised EU procedures (EPO, Small Claims) available via the European e‑Justice Portal (Online forms).

Negotiation / amicable collection: structured notice, short deadlines, written payment plans, security where possible.
Romania fast procedures: payment order (CPC Title IX, arts. 1,014–1,025) and low‑value claims (CPC Title X, starting at art. 1,026) – CPC.
EU procedures (when the debtor is in another EU Member State): European Payment Order (forms: EPO forms) and European Small Claims (start with Form A).
Jurisdiction & applicable law (EU): Brussels I Recast + Rome I / Rome II.

2) Pre‑litigation checklist (before you send a notice)

Goal: make your claim “court‑ready” on paper (amount + legal basis + due date), maximise the chance of voluntary payment, and build clean evidence for fast procedures or a standard lawsuit.

Correct party data: company name, registration number, VAT, registered office, representative, contact details, bank accounts.
Core deal documents: contract, accepted order, terms & conditions, accepted offer, key emails confirming the agreement.
Performance proof: delivery notes, CMR, acceptance report, timesheets, work completion emails.
Invoice pack: invoice number/date, due date, currency, IBAN, proof of issuance and delivery to the debtor.
Debt calculation: principal + contractual interest/penalties or statutory interest + recoverable costs (if applicable).
Payment history: bank confirmations, partial payments, credit notes, set‑offs/compensations.
Cross‑border rules (EU): check jurisdiction and applicable law (Reg. 1215/2012, Rome I, Rome II).
Proof‑friendly delivery channel: registered mail/courier with delivery proof, structured email with complete headers and archiving.

3) Template: Late payment notice / “putting the debtor in default” (adapt for Romania)

In Romanian practice, a “punere în întârziere” (putting in default) notice is often the single most useful document you produce early. Use the template below as a starting point and adapt it to your contract, performance proof and the statutory interest framework (OG No. 13/2011) and commercial late‑payment rules (Law No. 72/2013) where applicable.

[CREDITOR LETTERHEAD]
[Creditor name], VAT/Company ID: [____], registered office: [____], represented by [____]
Email: [____] | Phone: [____]

To: [Debtor name], VAT/Company ID: [____], registered office: [____]
Attn: [CEO / Managing Director / CFO]

Subject: Formal notice – payment of [____] (principal) + interest/penalties, relating to [contract/order] no. [____]

Dear [____],

1) Basis of the debt
Under [contract/order] no. [____] dated [date], we delivered/performed [description], evidenced by [delivery/acceptance documents: CMR/acceptance report] dated [dates]. We issued invoice no. [____] dated [date], due on [date], sent to [email/address] on [____] (evidence attached).

2) Payment status
As of today, payment has not been made / has been partially made (paid: [____], outstanding: [____]). The outstanding principal is: [____] [currency].

3) Interest / penalties
Pursuant to [contract clause __] and/or the applicable statutory interest rules, we request payment of interest/penalties accrued up to [date] (estimated at [____]) and continuing until full payment.

4) Demand & deadline
We hereby demand full payment of principal + accrued accessories within [____] days from receipt of this notice, to:
IBAN: [____] | Bank: [____] | Beneficiary: [____] | Payment reference: [____]

5) Amicable options
If you have temporary liquidity issues, please submit in writing within 48 hours a payment schedule proposal (instalments) and, where appropriate, adequate security.

6) If payment is not received
If you fail to pay within the deadline, we will initiate legal steps to recover the debt (including fast‑track procedures where suitable) and we will seek recoverable collection costs and court costs, as allowed by contract and law.

Attachments (examples):
- contract/order + terms & conditions
- invoice
- delivery/acceptance evidence (CMR/acceptance report)
- relevant correspondence
- debt & interest/penalties calculation + proof of sending this notice

Sincerely,
[Name] | [Title]
[Signature]
[Date]

Practical tip: send the notice through a channel with strong delivery evidence, and store everything as a single indexed “evidence pack” (master PDF + source files + email headers).

4) Decision guide: negotiation vs fast procedures vs standard lawsuit

Choose your route based on (1) how strong your written evidence is, (2) whether serious defences are likely, (3) where the debtor and assets are, (4) urgency, and (5) proportionality (cost vs expected recovery).

Route	Best when	Red flags	Recommended next step
Controlled negotiation	The debtor is responsive and acknowledges the debt; you want speed and low friction.	Repeated delays, no partial payments, shifting explanations.	Send a firm notice + short deadline + written instalment plan + security where feasible.
Romania fast‑track: payment order	The debt is clear on documents (certain, liquid, due) and you want a fast enforceable outcome.	Complex factual disputes, need for extensive evidence (expert reports, witnesses).	Prepare a document‑heavy file; verify CPC Title IX (arts. 1,014–1,025) (CPC).
Romania fast‑track: low‑value claims	The claim fits the low‑value framework and can be handled mostly in writing.	Multiple complex claims/counterclaims; heavy evidence needs.	Check CPC Title X (starting at art. 1,026) (CPC).
EU procedures (EPO / Small Claims)	The debtor is in another EU Member State and the matter is eligible; you benefit from standard forms.	Eligibility or jurisdiction uncertainty; likely opposition.	Start from e‑Justice Online forms; assess EPO (overview) vs Small Claims (Form A: start).
Standard civil claim	The case is contested or complex (quality disputes, set‑off, multiple contracts, damages).	Longer duration and higher cost.	Build a complete evidence pack and an enforcement plan (assets, accounts, security).

5) What documents to keep, and how to prepare them (a clean evidence pack)

In debt recovery—especially in fast procedures—document quality can decide speed and outcome. Treat your evidence as a product: structured, indexed, and easy to verify.

Agreement set: final contract/order + terms + annexes (the version in force when the deal was made).
Performance set: delivery/transport (CMR), acceptance reports, work completion confirmations, timesheets.
Invoice set: invoice + proof of delivery to the debtor (email headers, EDI logs, courier proof).
Communications set: acknowledgements, payment promises, settlement discussions, balance confirmations.
Calculation set: principal + interest/penalties table + currency conversion method (if non‑RON) + periods and rates.
Notice set: the notice itself + delivery proof (registered mail, courier, electronic delivery evidence).
Debtor & asset intelligence (lawful): registry extracts, addresses, public information relevant for enforcement.

Packaging checklist: (1) one‑page timeline, (2) index with unique numbering, (3) master PDF with bookmarks + source files, (4) prepare certified translations when required by a court/authority, (5) preserve originals and metadata (email headers, native files) for authenticity.

6) Frequent mistakes (and their real‑world effects)

Mistake	What happens in practice	How to avoid it
Vague notice (“pay ASAP”)	The debtor gains time; later it is harder to prove the exact claim and deadline.	State: legal basis, amount, due date, deadline, bank details, and consequences.
Incorrect interest/penalty calculation	Negotiation leverage drops; in litigation, parts may be rejected.	Separate principal vs accessories; check OG 13/2011 and (if relevant) Law 72/2013.
Missing delivery/acceptance evidence	The debtor disputes performance; fast procedures may fail or slow down.	Archive CMR/acceptance reports; obtain written acceptance.
Choosing the wrong route	Delays or dismissals on procedural grounds.	Triage: contested vs uncontested; simple vs complex evidence; value thresholds; jurisdiction.
Ignoring EU jurisdiction/applicable law	Jurisdiction objections, transfers, extra cost and time.	Start with Reg. 1215/2012 and Rome I/Rome II.
Not preserving originals (email headers, native files)	Authenticity disputes or reduced probative value.	Keep complete exports and an audit‑friendly archive process.

7) Interest/penalties clause example + how to check applicability

Disputes often arise from unclear drafting or mixing “interest”, “penalties” and “recovery costs”. As anchors: statutory interest in Romania is regulated by OG No. 13/2011, while commercial late payment rules are addressed by Law No. 72/2013 (and related instruments such as OUG No. 119/2007, depending on context).

Clause (example, adapt):
“For any amount not paid at maturity, the Debtor owes late payment penalties of 0.1% per day of the outstanding principal, starting on the day after the due date until full payment. The penalties may be combined with statutory default interest to the extent permitted by applicable law.”

How to check applicability (quick checklist):
1) Relationship type: B2B / B2G (commercial transaction) or consumer? For B2B/B2G, verify the relevance of Law No. 72/2013.
2) Cumulative recovery: Does the contract allow both penalties and interest? If yes, check any mandatory rules and whether the clause is enforceable under the applicable law.
3) If the clause is absent or unclear: start with OG No. 13/2011 (statutory interest).
4) Currency and FX method: if the debt is in EUR/USD, define the conversion method and date consistently.
5) Document the calculation (a clear table) and attach it to your notice.

8) Frequently asked questions (FAQ)

1) Do I need to send a formal notice before suing in Romania?
It depends on the claim and contract, but a well‑documented notice is a best practice: it clarifies the debt, sets a deadline and creates evidence. The general rules on obligations are in the Romanian Civil Code (Portal Legislativ), while legal (statutory) interest is regulated by Government Ordinance No. 13/2011 (Portal Legislativ).

2) What is the most common fast‑track court route in Romania for a clear unpaid invoice?
In Romania, creditors often use the payment order procedure (ordonanța de plată) under the Civil Procedure Code (Title IX, arts. 1,014–1,025) when the claim is certain, liquid and due (CPC – Portal Legislativ).

3) When is the “small claims” route relevant in Romania?
The Romanian Civil Procedure Code also provides a simplified route for low‑value claims (Title X, starting at art. 1,026), using standard forms (CPC – Portal Legislativ).

4) If my debtor is in another EU Member State, can I use EU procedures instead?
Often yes, depending on eligibility and jurisdiction. For uncontested monetary claims, the European Payment Order (EPO) may be available (overview; official forms). For eligible disputes up to EUR 5,000, the European Small Claims Procedure can be started with Form A (Form A).

5) How do I check jurisdiction and applicable law in an EU cross‑border case involving Romania?
For civil and commercial matters, start with Brussels I Recast (Regulation (EU) No 1215/2012), and for applicable law use Rome I (contracts) (Reg. 593/2008) and Rome II (torts) (Reg. 864/2007).

6) How do I calculate statutory interest if the contract is silent or unclear?
In Romania, statutory (legal) remuneratory and penalty interest for monetary obligations is regulated by OG No. 13/2011 (Portal Legislativ). For delays in commercial transactions between professionals and (in certain cases) contracting authorities, Law No. 72/2013 contains additional rules (Portal Legislativ).

7) What evidence matters most if the case goes to court or enforcement?
Typically: contract/order and terms, delivery/acceptance proof, invoices, payment history, written acknowledgements, and proof of notices sent. For fast procedures under the CPC, written evidence is usually decisive (CPC – Portal Legislativ).

8) Does Romania have special rules on late payment in commercial contracts?
Yes. Beyond the general regime (Civil Code and OG 13/2011), late payment in commercial transactions is addressed by Law No. 72/2013 (Portal Legislativ) and the earlier OUG No. 119/2007 (Portal Legislativ) (note: check their current interaction and applicability for your specific context).