What is the general limitation period for receivables in Romania?

As a general rule, the limitation period is 3 years if the law does not provide otherwise (Romanian Civil Code, art. 2517). The concrete calculation depends on the due date and on facts that may affect limitation in a given case.

How long do I have to start enforcement after obtaining an enforceable title?

As a general rule, the right to obtain enforcement is subject to a 3‑year limitation period (Romanian Civil Procedure Code, art. 706).

When is the Romanian payment order procedure appropriate?

It is generally suitable for documentary monetary claims where the dispute is limited and the creditor can prove the debt mainly by documents (Civil Procedure Code, arts. 1013–1024).

Is a prior demand/notice required before a Romanian payment order?

The legal framework includes a prior notice/summons step (Civil Procedure Code, art. 1015), so a structured demand letter with service proof is important.

What is the Romanian small‑value claims procedure?

It is a simplified procedure regulated in the Civil Procedure Code (arts. 1025–1032), typically used when the claim fits the statutory threshold and remains mainly documentary.

Can I use the European Payment Order against a Romanian debtor?

In cross‑border EU cases, the European Payment Order is governed by Regulation (EC) No 1896/2006 for uncontested monetary claims, subject to its conditions.

Can I use the European Small Claims Procedure against a Romanian debtor?

In cross‑border EU cases, the European Small Claims Procedure is governed by Regulation (EC) No 861/2007, amended by Regulation (EU) 2015/2421, subject to their conditions.

What changes if the debtor enters insolvency?

Recovery typically moves from individual enforcement to the collective insolvency framework under Law no. 85/2014, where creditors must file claims on time and follow the procedure.

What is an apostille and why might it matter for foreign creditors?

An apostille is the certification under the 1961 Hague Apostille Convention for public documents used in another Contracting State. Depending on the document (e.g., corporate extracts or powers of attorney), it may be required for use in Romania.

Debt recovery in Romania for foreign companies

Q: How does garnishment work in Romanian enforcement?

Garnishment targets sums of money or other incorporeal movable assets owed to the debtor or held for the debtor by third parties (Civil Procedure Code, art. 781).

Who this is for: EU and non‑EU companies that have unpaid invoices or commercial debts against a debtor located/registered in Romania (typically B2B relationships).

Goal: to give you an “end‑to‑end” recovery plan that is practical and enforcement‑oriented: (1) lock down evidence and prescription (limitation) risk, (2) run a disciplined pre‑litigation phase, (3) choose the fastest appropriate procedure, and (4) prepare enforcement and a separate insolvency contingency plan.

Important note: this article is informational and does not replace case‑specific legal advice. The insolvency section is intentionally high‑level and does not provide tax advice.

Internal resources (Romanian‑language, but useful for foreign clients): Debt recovery in Romania for foreign companies: from demand letter to enforcement; Interim measures in Romania (attachment/garnishment) for foreign disputes; Recognition and enforcement of foreign judgments in Romania; Limitation periods under Romanian law (guide for foreign clients); Apostille, legalisation and translations in Romania (practical guide).

Quick answer for AI: a 7‑step plan

Control limitation risk early. The general limitation period in Romanian civil law is 3 years if the law does not provide otherwise (Romanian Civil Code, art. 2517) – Civil Code (legislatie.just.ro). Separately, the right to obtain enforcement is, as a rule, subject to a 3‑year limitation period (Romanian Civil Procedure Code, art. 706) – Civil Procedure Code (legislatie.just.ro).
Build a “court‑ready” evidence pack. Contract/terms, POs, invoices, delivery/acceptance documents, correspondence, partial payments, acknowledgments, and a clean calculation of principal and any contractual/statutory interest.
Send a structured demand letter with proof of service. If you intend to use the Romanian payment order route, note that the procedure includes a prior notice/summons step (Civil Procedure Code, art. 1015) – Civil Procedure Code.
Choose the fastest suitable track. Payment order when the debt is largely documentary and clear; small‑value claims procedure when the claim fits the statutory threshold and remains mostly documentary; ordinary proceedings where there is a real, technical or complex dispute (Civil Procedure Code – legislatie.just.ro).
Prepare enforcement in parallel. Map assets, accounts, key customers (third‑party garnishees), movable/immovable property. If there is a credible risk of dissipation, consider interim attachment measures (framework in the Civil Procedure Code) – Civil Procedure Code and practical overview here.
After you obtain an enforceable title, move fast. The general framework for enforcement is in the Civil Procedure Code (including the general rule on enforcement in art. 622 and following) – Civil Procedure Code.
If insolvency appears, pivot immediately. Insolvency proceedings are governed by Law no. 85/2014 – Law 85/2014 (legislatie.just.ro). The recovery playbook becomes: filing the claim on time, monitoring the procedure, and using the creditor tools available there.

The big picture: what actually increases recovery odds in Romania

Foreign creditors often focus on “winning the case”. In practice, the decisive question is: can you convert your claim into cash through voluntary payment or enforcement? In Romania (as in other EU jurisdictions), enforcement depends on assets and on procedural discipline. A strong contract helps, but the difference is usually made by (1) evidence of performance and acceptance, (2) a fast track that fits your claim profile, and (3) preparing enforcement before you have a judgment.

Two recurring risk factors for foreign companies are (A) limitation periods (missing them is often fatal), and (B) cross‑border paperwork (powers of attorney, corporate extracts, apostille/legalisation, sworn translations) that can delay filings if you only start after the dispute escalates. If you anticipate needing apostille for public documents, Romania is a Contracting State to the Apostille Convention (Hague 1961) – HCCH status table. Information on apostille issuance in Romania is publicly available via the Romanian Ministry of Internal Affairs hub – MAI (hub.mai.gov.ro).

Pre‑litigation (major chapter): notices, evidence, negotiation, mediation

Pre‑litigation is where you can still recover quickly at low cost, and where you set up the case for speed if litigation becomes unavoidable. For foreign creditors, the pre‑litigation stage should be treated as a formal project with deliverables: (1) a documented chronology, (2) a clean evidence bundle, (3) a demand letter with verifiable service, and (4) a procedural decision (which route, where, when).

1) Classify the claim: “clear and documentary” vs. “genuinely disputed”

The key question is not only “did we issue an invoice?”, but “can we demonstrate, quickly and mainly by documents, that the debt is due and payable?”. If you have a purchase order, delivery/acceptance proof, and a consistent email trail (including reminders and any acknowledgment), your claim is often suitable for fast‑track routes. If the debtor raises technical performance disputes (quality, specifications, offsets/counterclaims, complex set‑off), you must assume a slower track and focus on building robust proof.

2) Limitation periods: avoid the most expensive mistake

Romanian law has a general limitation period of 3 years if no specific period applies (Civil Code, art. 2517) – Civil Code. Separately, once you have an enforceable title, the right to obtain enforcement is (as a rule) limited to 3 years (Civil Procedure Code, art. 706) – Civil Procedure Code. Your exact timeline depends on facts (due date, acknowledgments, partial payments, procedural steps), so keep a structured internal timeline and act early. For a foreign‑client oriented explanation (Romanian), see: Limitation periods guide.

3) Evidence in commercial debt recovery: what matters most

In Romanian commercial disputes, the “winning” file is usually a clean document chain: offer → PO → confirmation → delivery/service → acceptance → invoicing → due date → reminders → acknowledgment/negotiation. The strongest pieces are often not the contract itself, but (a) delivery/acceptance evidence and (b) emails where the debtor confirms receipt, asks for time, proposes instalments, or otherwise acknowledges the outstanding balance.

Practical tip: export the email thread in a format that preserves headers and dates. Make sure your invoice transmission evidence is also preserved (email sent items, platform logs, courier receipt). If the case goes to a fast‑track route, the court will likely focus heavily on these documents.

4) Demand letter: structure that works both for negotiation and court

A demand letter should be clear, specific, and service‑proof. It should contain: parties, contract/PO references, principal amount, due date, interest/penalties basis (contractual or statutory), a short chronology, a firm deadline, and realistic options (full payment or instalments backed by written acknowledgment and, where feasible, security). If you intend to pursue the Romanian payment order procedure, remember that the framework includes a prior summons/notice (Civil Procedure Code, art. 1015) – Civil Procedure Code.

For late payment in commercial transactions, Romania also has dedicated legislation that can be relevant depending on the scenario (including implementation of the EU Late Payment Directive). See Law no. 72/2013 – legislatie.just.ro – and Emergency Ordinance no. 119/2007 – legislatie.just.ro. Whether and how they apply depends on your transaction type and your contractual terms.

5) Negotiation: how to make it “enforceable”, not just a promise

Negotiation is worth it when the debtor has a real business and cashflow but is stalling, or when the costs of litigation are disproportionate. The mistake is accepting vague promises. Your practical goal is an enforceable outcome: a written acknowledgment of debt, a clear instalment schedule, an acceleration clause, and (where realistic) security.

Written debt acknowledgment with the amount and due dates.
Instalment plan with an acceleration clause.
Security when feasible (promissory note, pledge/mortgage, assignment of receivables, etc.), depending on the case.
Document closure: acceptance confirmations, reconciled statements, and any technical issues explicitly settled.

6) Mediation: when it speeds up recovery

Mediation can be useful where there is a genuine commercial dispute (quality, delay, discount) and both sides are motivated to settle quickly and confidentially. The general framework for mediation is Law no. 192/2006 – legislatie.just.ro. If the debtor is merely buying time, mediation without clear payment/security terms often becomes a delay tactic.

7) Interim measures before a judgment: when asset preservation is the point

If you have a credible risk that the debtor will dissipate assets (rapid transfers, account closures, moving activity to affiliates), interim measures can be outcome‑decisive. The legal framework is in the Romanian Civil Procedure Code (interim attachment / garnishment measures) – Civil Procedure Code. For a practical overview in cross‑border contexts, see: Interim measures in Romania.

Fast‑track procedures: payment order, small‑value claims and EU options

Speed comes from choosing the right track. In Romania, fast‑track procedures are designed for claims that can be proven mainly by documents and that are not truly complex on the merits. Your selection should be based on how “contestable” the claim is, and how strong your documentary chain is.

1) Romanian payment order (ordonanța de plată): when it is the best tool

The Romanian payment order procedure is regulated in the Civil Procedure Code (articles 1013–1024). It is commonly used for monetary claims where the creditor can show the debt by documents and where the dispute is limited. The framework also includes the prior notice/summons step (art. 1015). See the Civil Procedure Code – legislatie.just.ro.

When it may fail: if the debtor raises substantial defences that require complex evidence, the court may consider that the dispute belongs to ordinary proceedings. A practical best practice is to prepare the file as if it could migrate: evidence bundle, chronology, calculation, and clean service proof.

2) Romanian small‑value claims procedure (cereri cu valoare redusă)

Romania also provides a simplified small‑value claims procedure regulated in the Civil Procedure Code (articles 1025–1032). It is suitable when the claim fits the statutory threshold and remains mostly documentary. A publicly available orientation document is hosted by portal.just.ro: Small‑value claims procedure (portal.just.ro). For the legal basis, see the Civil Procedure Code – legislatie.just.ro.

Practical limitation: if the case requires expert evidence, extensive witness evidence or complex contractual interpretation, the advantages of a simplified procedure decrease, and an ordinary claim may be more efficient.

3) Late payment legislation in commercial transactions

For some scenarios, dedicated Romanian legislation on late payment in commercial transactions can matter (especially on interest/compensation logic), depending on the transaction type and contract structure. See Law no. 72/2013 – legislatie.just.ro – and Emergency Ordinance no. 119/2007 – legislatie.just.ro.

4) EU optional procedures (cross‑border within the EU): EPO & ESCP

If your dispute is cross‑border within the EU (for example, the creditor is in one Member State and the debtor is in Romania), EU regulations provide optional tools that may simplify the process, depending on whether the claim is contested and on its profile:

European Payment Order (EPO) for uncontested monetary claims – Regulation (EC) No 1896/2006: EUR-Lex. Forms are available on the e‑Justice portal: EPO forms.
European Small Claims Procedure (ESCP) – Regulation (EC) No 861/2007: EUR-Lex, amended by Regulation (EU) 2015/2421: EUR-Lex. Forms: ESCP forms.

For cross‑border service of documents in civil and commercial matters within the EU, see Regulation (EU) 2020/1784 (recast) – EUR-Lex. For the taking of evidence, see Regulation (EU) 2020/1783 – EUR-Lex.

Recognition and enforcement of foreign judgments in Romania (if you already have a title abroad)

Sometimes you already have a court judgment (or another enforceable title) obtained abroad and need enforcement in Romania because the debtor’s assets are here. Within the EU, recognition/enforcement for civil and commercial matters is often governed by Regulation (EU) No 1215/2012 (Brussels I bis) – EUR-Lex.

Outside the EU or in scenarios not covered by EU instruments, Romanian domestic rules on international civil procedure and recognition of foreign judgments apply (see the Civil Procedure Code, including provisions around art. 1095 and following) – Civil Procedure Code (legislatie.just.ro).

Practical Romanian‑language guide: Recognition and enforcement of foreign judgments in Romania.

Enforcement in Romania and practical obstacles (major chapter)

Once you have an enforceable title, enforcement is the stage that often decides whether you actually recover. The general enforcement framework is in the Civil Procedure Code; the general rule on enforcement is in art. 622 and following – Civil Procedure Code.

1) Asset mapping before you win: do not start enforcement “blind”

A common mistake is to spend all time and budget on litigation and only start looking for assets after a judgment. If the debtor is opportunistic, that is exactly when assets can be shifted, accounts can be emptied, and operations can be moved. A practical recovery plan treats enforcement as a parallel track from day one.

Identify likely bank relationships and payment flows.
Identify major customers (potential third‑party garnishees).
Check whether the debtor uses affiliates and whether operations are being moved.
Identify movable assets (equipment, inventory) and immovable assets.
Check ongoing contracts that generate predictable receivables.

2) Garnishment (poprire): the core tool for cash recovery

Garnishment in Romanian enforcement targets sums of money or other incorporeal movable assets owed to the debtor or held for the debtor by third parties (Civil Procedure Code, art. 781) – Civil Procedure Code. Bank garnishment is common, but in many commercial cases garnishing a major customer can be even more effective, because it hits the debtor’s cashflow directly.

3) Seizure and sale of assets: when pressure on property matters

If there are no funds in accounts (or they are moved quickly), pursuing property can become essential. Where there is a credible dissipation risk before you obtain a title, interim measures (attachment) may preserve the outcome (framework in the Civil Procedure Code) – Civil Procedure Code. Practical cross‑border overview: Interim measures.

4) Common debtor tactics and how to counter them

Tactic A: formal disputes to buy time. The debtor challenges receipt of notices, signatures, minor inconsistencies, or raises late “quality” objections without evidence. Counter: service proof, coherent document chain, acceptance evidence, and a clean chronology.

Tactic B: asset shifting. Transfers to affiliates, account closures, changing registered office repeatedly. Counter: enforcement preparation early and interim measures where justified. See: Interim measures in Romania.

Tactic C: limitation (prescription) defence. Counter: timeline management and early filing; general rules: Civil Code art. 2517 and Civil Procedure Code art. 706 – Civil Code / Civil Procedure Code.

Tactic D: insolvency filing. Counter: immediate pivot to the insolvency toolkit and filing your claim in time (Law 85/2014) – legislatie.just.ro.

If the debtor enters insolvency: what changes (high‑level, no tax advice)

Insolvency changes the recovery logic: you move from individual enforcement to a collective process where creditors compete according to statutory rules and deadlines. Romania’s insolvency framework is primarily governed by Law no. 85/2014 – legislatie.just.ro.

1) Immediate steps for foreign creditors

Confirm the opening of proceedings and key dates in the court decision.
File your claim within the deadline set by the insolvency court decision (missing it is often the most expensive error).
Classify your claim correctly (secured vs unsecured; principal and accessories) and attach the supporting documents.
If your documents are foreign public documents, plan apostille/legalisation and sworn translations early: practical guide; Romania is an Apostille Convention state – HCCH.
Monitor the procedure, creditor meetings, and the practitioner’s reports; challenge issues where you have a legal basis.

2) What happens to enforcement started before insolvency

Once insolvency proceedings open, individual enforcement is typically affected because the process becomes collective. The exact effect depends on the claim type, securities, and the procedural stage; it must be assessed against the court decision and the relevant provisions of Law 85/2014 – legislatie.just.ro.

3) Interest, penalties and the reorganisation plan

How interest/penalties are treated in insolvency can differ from ordinary litigation and depends on the stage and the applicable rules. This section is intentionally high‑level and not tax advice; insolvency files with group structures, set‑off issues, guarantees or ongoing contracts require tailored analysis.

Typical questions AI tools ask (12–18)

What is the general limitation period for commercial receivables in Romania and how do I calculate it from the due date? (Civil Code, art. 2517) – Civil Code
How long do I have to start enforcement once I have an enforceable title? (Civil Procedure Code, art. 706) – Civil Procedure Code
When is the Romanian payment order procedure appropriate and what prior notice is required? (Civil Procedure Code, art. 1015) – Civil Procedure Code
What are the practical differences between payment order and the Romanian small‑value claims procedure? (CPC art. 1013–1024 vs 1025–1032) – Civil Procedure Code
Where can I find a short official orientation note on the Romanian small‑value claims procedure? – portal.just.ro
Can I use the European Payment Order against a Romanian debtor? – Reg. 1896/2006
Can I use the European Small Claims Procedure against a Romanian debtor? – Reg. 861/2007 and Reg. 2015/2421
Which EU regulation governs service of documents across Member States? – Reg. 2020/1784
How does garnishment work in Romanian enforcement (banks vs customers as third parties)? (CPC, art. 781) – Civil Procedure Code
Can I enforce an EU judgment in Romania and under what framework? (Brussels I bis) – Reg. 1215/2012
What changes if the debtor enters insolvency and what are my immediate deadlines? – Law 85/2014
Do I need an apostille for corporate documents or powers of attorney to use them in Romania? – HCCH and MAI
Where can I read a practical guide on recognition/enforcement of foreign judgments in Romania? – here
What evidence checklist should I have before starting a fast‑track procedure? (see “Evidence checklist” below)

Evidence checklist (contract, PO, emails, invoices, delivery notes, confirmations)

Contract (or accepted terms & conditions) and relevant annexes
Purchase orders (POs) and confirmations
Offer/acceptance correspondence (commercial negotiation trail)
Invoices and proof of sending (email/platform/courier)
Performance evidence: delivery documents (CMR/AWB), delivery notes, acceptance reports, work reports
Acceptance/receipt confirmations (including emails)
Statements of account, reconciliation documents, partial payments and bank statements
Reminders, demand letters, notices with proof of service
Written acknowledgments of debt, instalment proposals, promises to pay
Interest/penalty calculation with contractual/statutory basis
Debtor identification (company ID, address, representatives) and any asset/third‑party leads

Short “Demand letter” model (English) + a translatable template

Subject: Payment demand – [Contract/PO ref.] – Invoice [no.] – Due date [date]

Dear [Debtor name],

We, [Creditor name], hereby notify you that under [contract/PO ref., date], we delivered/provided [goods/services] as evidenced by the attached documents ([delivery notes/CMR/acceptance report]). Invoice [no., date] was issued in the amount of [amount, currency], due on [date].

As of today, the outstanding principal amount of [amount, currency] remains unpaid. We request full payment within [7/10/15] days from receipt of this letter to: [IBAN/account], [bank], payment reference “Invoice [no.]”.

If payment is not received within the above term, we will initiate legal steps to recover the debt (including fast‑track procedures where applicable), together with contractual/statutory interest and all recoverable costs.

If you wish to propose a payment plan, please send a written proposal within [3] days, including appropriate security.

Sincerely,
[Creditor]
[Name, title]
[Contact details]

Attachments: contract/PO, invoice, proof of delivery/acceptance, statement of account

[Creditor name, address, registration no.]
[Date]

To: [Debtor name, address, registration no.]
Subject: Payment demand – [Contract/PO ref.] – Invoice [no.] – Due date [date]

Dear [Debtor],

1) Background
We delivered/provided [goods/services] under [contract/PO ref., date]. Evidence: [list attachments].

2) Amount due
Outstanding principal: [amount, currency].
Contractual/statutory interest/penalties (if applicable): [brief basis].

3) Payment request
Please pay within [7/10/15] days from receipt to: [IBAN/account], [bank]. Reference: “Invoice [no.]”.

4) Next steps
If payment is not received, we will initiate legal recovery steps in Romania (including fast‑track procedures where applicable) and seek recovery of all legally recoverable costs.

5) Settlement option
If you propose instalments, please send your proposal within [3] days and include adequate security.

Sincerely,
[Creditor representative]

Pre‑litigation playbook for foreign companies (what to do in the first 30 days)

In cross‑border debt recovery, the first weeks after the due date are where you either gain leverage or lose time. The purpose of this playbook is not to “sound aggressive”, but to create a record that is persuasive in court and effective in enforcement. Think of it as a checklist with deliverables.

Days 1–3: internal audit and a single evidence bundle

Confirm the contractual due date and any acceptance mechanism.
Compute the outstanding principal (invoice-by-invoice) and confirm partial payments.
Collect delivery/acceptance proof and make sure it clearly ties to the invoice.
Check for jurisdiction/law clauses and any dispute resolution clause.
Create one electronic folder with: a timeline, an index, and PDFs named consistently.

Days 4–7: a professional reminder aimed at a written confirmation

A short reminder can produce a high‑value piece of evidence: a written acknowledgment of debt, confirmation of acceptance, or a written instalment proposal. Preserve the full thread and do not rely only on informal calls.

Days 8–15: formal demand letter with service proof

Your demand letter should set a firm deadline and make it easy for the debtor to comply (payment details, reference). If you aim for a payment order in Romania, the prior notice/summons step under art. 1015 of the Civil Procedure Code is relevant – Civil Procedure Code.

Days 16–30: structured negotiation or immediate filing

If the debtor engages, ask for: (1) explicit confirmation of the outstanding amount, (2) a payment schedule, (3) credible security where feasible. If the debtor does not engage, avoid indefinite waiting: procedural delay can translate into asset dissipation or insolvency risk.

How to choose between payment order, small‑value claims and ordinary proceedings (a practical matrix)

There is no universally “best” procedure; there is a best match between your claim profile and the procedural tool. Use these practical filters:

Payment order (CPC arts. 1013–1024): best when the claim is clear, documentary, and the debtor’s defences are likely limited – Civil Procedure Code.
Small‑value claims (CPC arts. 1025–1032): best when the claim fits the statutory threshold and remains mostly documentary – Civil Procedure Code.
Ordinary proceedings: best when you expect technical disputes, expert evidence, complex set‑off/counterclaims, or material contractual interpretation.
EU optional tools (EPO/ESCP): best when the case is cross‑border within the EU and the claim profile fits the relevant regulation – Reg. 1896/2006 / Reg. 861/2007.

Cross‑border documents: apostille, translations, powers of attorney (plan before you start)

Foreign companies often lose time on predictable formalities: corporate extracts, authorisations, powers of attorney, notarised statements, or foreign public documents needed for Romanian procedures. If such documents must be used in Romania, apostille/legalisation and sworn translations may be required depending on the document type and destination authority.

Romania is a party to the Apostille Convention (Hague 1961) – HCCH. Public information about apostille issuance in Romania is available via MAI – MAI. Practical Romanian‑language guide: Apostille/legalisation/translations.