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Debt recovery in Romania for foreign creditors: notice, fast-track procedures, interim measures and enforcement

If you are an EU or non-EU creditor and the debtor has bank accounts, receivables or assets in Romania, recovery can be efficient when you follow the right sequence: a properly documented pre-action notice, choosing a suitable fast-track court route (Romanian payment order or the Romanian small-claims track when the amount fits), applying interim measures early (precautionary attachment/garnishment) and then moving quickly to enforcement through a Romanian bailiff.
This guide explains what to prepare, how to build a “minimum creditor file”, when each procedure makes sense, how interim measures work in practice and what typically blocks cross-border cases: weak proof of performance, defective service of documents, choosing the wrong path (EU tools vs Romanian procedures), and waiting too long before freezing assets.


This article is a practical, client-oriented roadmap for EU and non-EU creditors seeking to recover a monetary claim from a debtor who is domiciled/established in Romania or holds assets in Romania. The key is not only obtaining a court title, but preserving enforceability: (1) robust pre-litigation preparation and notice, (2) selecting the right procedure (including fast-track options), (3) interim measures to prevent asset dissipation, and (4) enforcement (garnishments, attachment, sale of assets). The Romanian framework is primarily found in the Romanian Code of Civil Procedure (Codul de procedură civilă), including special procedures and rules on interim measures and recognition of foreign judgments. Romanian Code of Civil Procedure (Portal Legislativ)

For more practical legal materials, you can also browse Blog avocat.

EU vs non-EU: choose the right recovery track before you spend time and money

If you already have an EU judgment (civil and commercial matters)

When you already hold a judgment from an EU Member State, re-litigating the merits in Romania is often unnecessary. In many cases, the enforcement pathway is based on Regulation (EU) No 1215/2012 (“Brussels I bis”, recast), which governs jurisdiction and the recognition and enforcement of judgments in civil and commercial matters within the EU. Using this framework can be significantly faster than starting a new merits claim in Romania. Regulation (EU) No 1215/2012 (Brussels I bis) (EUR-Lex) European e-Justice Portal: Brussels I bis (practical info)

If the claim is uncontested, another tool may be relevant: Regulation (EC) No 805/2004 on the European Enforcement Order for uncontested claims, which aims to allow free circulation of judgments and certain instruments without intermediate proceedings in the Member State of enforcement, subject to conditions. Regulation (EC) No 805/2004 (European Enforcement Order) (EUR-Lex)

If you do not have a judgment yet and the matter is cross-border within the EU

For cross-border disputes within the EU, you may also consider EU-wide standardised procedures designed to speed up recovery and reduce costs: the European Order for Payment (Regulation (EC) No 1896/2006) for uncontested pecuniary claims, and the European Small Claims Procedure (Regulation (EC) No 861/2007) for cross-border small claims. Whether these are preferable to Romanian domestic procedures depends on where you want the enforceable title, where assets are located, and how likely the debtor is to contest. Regulation (EC) No 1896/2006 (European Order for Payment) (EUR-Lex) Regulation (EC) No 861/2007 (European Small Claims) (EUR-Lex)

If your judgment is from a non-EU state (or you are coming with a foreign title)

For judgments originating outside the EU, Romanian law generally requires a recognition and enforcement process (often referred to as exequatur in practice) subject to conditions in the Romanian Code of Civil Procedure. The Code sets out rules on recognising foreign judgments and allowing enforcement in Romania, focusing on conditions such as finality, proper jurisdiction, procedural fairness and other grounds for refusal, depending on the case. Romanian Code of Civil Procedure: recognition and enforcement of foreign judgments (Portal Legislativ)

Service of documents and taking of evidence inside the EU

If you need to serve documents in another EU Member State or obtain evidence from another Member State, the recast regulations on service and taking of evidence are important operational tools: Regulation (EU) 2020/1784 (service of documents) and Regulation (EU) 2020/1783 (taking of evidence), which apply in cross-border civil or commercial matters and aim to reduce delays and costs through streamlined cooperation and digitalisation. Regulation (EU) 2020/1784 (service of documents) (EUR-Lex) Regulation (EU) 2020/1783 (taking of evidence) (EUR-Lex)

Checklist: the “minimum creditor file” you should have before you start

  • Precise debtor identification: full legal name, company registration details (if applicable), registered address, representatives, and any known contact points.
  • Contractual basis: signed contract or equivalent acceptance (accepted purchase orders, agreed terms, confirmed quotes, emails evidencing acceptance).
  • Proof of performance: delivery notes, CMR/transport documents, acceptance protocols, service reports, milestones, SaaS access logs, handover emails.
  • Invoices and due dates: invoices, payment terms, maturity dates, contractual interest/penalties if applicable.
  • Payment history and reconciliation: bank statements, receipts, remittance advice, a clear statement of account and the outstanding balance calculation.
  • Communication evidence: reminders, notices, formal demand letters, courier receipts, registered mail proof, email headers where relevant.
  • Asset indicators in Romania: known bank accounts, receivables from Romanian counterparties, inventory, vehicles, real estate, registered offices and operational sites (if known).
  • Translations and formalities: plan for certified translations of core documents when required (common in cross-border cases) and, if relevant for non-EU titles, legalisation/apostille workflows depending on the instrument and origin.

Pre-litigation steps: notices, negotiation, evidence and preserving records

1) Your notice should be drafted as a court-ready piece, not a casual reminder

The first goal is often voluntary payment or, at minimum, a written acknowledgment of debt. For the Romanian payment order procedure (ordonanța de plată), the Code of Civil Procedure provides for a prior formal notice (somație) served on the debtor with a 15-day payment deadline, and the creditor must prove service in the file; operationally, this notice is a key compliance point and a litigation accelerator when correctly documented. Romanian Code of Civil Procedure: payment order procedure (Portal Legislativ)

Practical structure for a strong notice: (a) identify the legal basis (contract/order acceptance), (b) summarise performance and attach proof, (c) set out the principal amount and a transparent calculation of any contractual accessories, (d) provide a final, firm deadline and payment details, (e) warn of the procedural path you will take (payment order, small-claims track, ordinary claim, interim measures), and (f) keep attachments focused (core documents first, supporting documents second).

2) Negotiation that helps enforcement instead of undermining it

Negotiation is effective when it produces enforceable leverage: a written acknowledgment of debt, a realistic instalment plan, security, or a settlement instrument that can be used to obtain an enforceable title quickly. In the payment order procedure, the court may record the parties’ agreement and issue a court settlement decision in line with the special procedure framework, which can improve enforceability when the debtor later defaults. Romanian Code of Civil Procedure: settlement within special procedures (Portal Legislativ)

Realistic example (no real names): A supplier from Italy delivers goods to a Romanian distributor with 30-day terms. The distributor claims temporary liquidity issues. The creditor accepts a three-instalment plan but requires a written acknowledgment of the full debt, clear default clauses (miss one instalment and the entire balance becomes due) and a procedural path that preserves quick enforcement (for instance, settlement formalised in the appropriate legal form, depending on the case). The key is to avoid “friendly emails” that concede defences or create ambiguity about acceptance, quality or offsets.

3) Evidence: build your file to survive a contest

Fast-track procedures are designed for claims that can be shown clearly through documents. The Romanian payment order procedure targets certain, liquid and due monetary claims arising from a contract and supported by written evidence, and the court may refuse the payment order route if the defence requires complex evidence beyond documents and limited explanations. This means your job is to convert the commercial story into a clean documentary chain: agreement, performance, invoicing, maturity, default, and quantified balance. Romanian Code of Civil Procedure: payment order conditions and handling of defences (Portal Legislativ)

Cross-border friction points are usually (1) proof of delivery/performance, (2) proof of acceptance, and (3) proof of service of notices. If you rely on email, preserve headers and server logs where possible; if you rely on courier or registered mail, keep the full chain: dispatch, content description, delivery confirmation and any refusal or non-collection notes.

4) Preserving records and deciding when to seek interim measures

If there is a real risk that the debtor will hide or dissipate assets, waiting can be fatal. Romanian law provides for interim measures such as precautionary attachment (sechestru asigurător) and precautionary garnishment (poprire asigurătorie) even before you have an enforceable title, subject to conditions (including evidence of the claim and, in some cases, a court-ordered security deposit). These tools are designed to preserve assets until you obtain an enforceable title. Romanian Code of Civil Procedure: interim measures (Portal Legislativ)

Fast-track procedures: the Romanian payment order and the Romanian small-claims track (when it makes sense)

Romanian payment order (ordonanța de plată): when it is ideal and when it backfires

The Romanian payment order is typically the best option when you have a documentary claim: the debt is monetary, contract-based, due, and supported by written evidence. It is designed for speed and pressure, but it is not a substitute for a full merits trial in disputes that require expert evidence (quality disputes, complex set-offs, termination, non-performance allegations requiring extensive proof). The framework is set out in the Code of Civil Procedure under the special procedure rules for payment orders. Romanian Code of Civil Procedure: payment order procedure (Portal Legislativ)

Operationally critical step: the prior notice (somație) served with a 15-day payment deadline and proof of service in the court file; if you skip this or cannot prove it, you risk procedural failure. Romanian Code of Civil Procedure: notice requirement for payment order (Portal Legislativ)

What you get: an order requiring payment within a court-set deadline after service, and the order can be enforceable, allowing you to move to enforcement while the debtor attempts limited remedies under the special procedure, subject to the legal conditions. Romanian Code of Civil Procedure: effects and remedies in the payment order procedure (Portal Legislativ)

When it backfires: if the debtor raises defences that plausibly require expert evidence or broader proof, the court can refuse to issue a payment order and direct the creditor to pursue an ordinary claim. The practical lesson is simple: if your case will inevitably require expert analysis, you may be better served by planning for ordinary proceedings from day one rather than losing time in a fast-track path that is likely to collapse. Romanian Code of Civil Procedure: handling of complex defences in payment order route (Portal Legislativ)

Romanian small-claims track (cererea cu valoare redusă): a domestic simplified track with a statutory ceiling

Romania also provides a domestic “small-claims” track (cererile cu valoare redusă) within the Code of Civil Procedure. This is distinct from the EU-wide European Small Claims Procedure. The Romanian domestic track is designed for simpler claims under a statutory monetary threshold; the Code sets the value ceiling and procedural rules, and it is an optional choice for the claimant rather than a mandatory route. Romanian Code of Civil Procedure: small-claims track (Portal Legislativ)

Key threshold point: the Romanian domestic small-claims track applies when the value of the claim (excluding interest, costs and accessories) does not exceed 50,000 RON at the time the court is seized, as set out in the Code’s small-claims provisions. Romanian Code of Civil Procedure: value threshold for small-claims track (Portal Legislativ)

When it makes sense: recurring invoices, subscription fees, simple service contracts, delivery of goods with clean acceptance evidence, or a balance confirmed by the debtor. When it is risky: where the debtor is likely to mount a complex defence requiring expert evidence and lengthy factual disputes, which tends to reduce the benefits of a simplified route.

Choosing between payment order, Romanian small-claims, EU procedures, and ordinary proceedings: a practical decision rule

Interim measures: precautionary garnishment/attachment and practical conditions

Why interim measures matter disproportionately in cross-border recoveries

For foreign creditors, the central risk is not only “winning” but “collecting”. A debtor who drains accounts or transfers assets can turn a strong title into an empty victory. Romanian interim measures aim to prevent this by freezing assets pending judgment (or pending the conversion of a provisional title into an enforceable one). The relevant framework for interim measures, including precautionary attachment (sechestru asigurător) and precautionary garnishment (poprire asigurătorie), is found in the Code of Civil Procedure’s provisions on interim measures. Romanian Code of Civil Procedure: interim measures (Portal Legislativ)

Precautionary attachment (sechestru asigurător): what you must show and what courts look for

Precautionary attachment is designed to immobilise the debtor’s attachable movable or immovable assets so they can later be enforced once you have an enforceable title. Romanian law allows this even without an enforceable title if the statutory conditions are met, typically requiring documentary support for the claim and evidence that you have initiated proceedings, with the possibility of a court-ordered security deposit depending on the scenario. Romanian Code of Civil Procedure: precautionary attachment (Portal Legislativ)

Practical success factors: (1) demonstrate urgency and risk (asset dissipation indicators), (2) show a credible documentary claim, (3) propose a proportionate scope (do not request “everything everywhere” without justification), and (4) be prepared for a security deposit requirement in cases where the claim is not evidenced in writing or where the court considers it necessary. Romanian Code of Civil Procedure: security deposit in interim measures (Portal Legislativ)

Precautionary garnishment (poprire asigurătorie): freezing receivables and bank balances

Precautionary garnishment can target money, securities or other attachable incorporeal movable assets owed to the debtor by a third party (including sums that will become due in the future based on existing legal relationships). Operationally, this is often the strongest measure when you suspect the debtor’s main “asset” is cash flow through bank accounts or receivables from Romanian customers. The Romanian interim-garnishment framework is part of the interim measures provisions in the Code and is linked to the same core conditions as precautionary attachment. Romanian Code of Civil Procedure: precautionary garnishment (Portal Legislativ)

Practical example (no real names): A Netherlands-based software vendor invoices a Romanian client for annual licences. The client delays payment and the vendor learns the client is switching operational accounts and paying only “friendly” suppliers. The vendor initiates proceedings and seeks precautionary garnishment on bank accounts and key receivables from a Romanian corporate customer. The measure freezes cash flow, dramatically improving settlement leverage and preventing asset flight while the court procedure continues.

Security deposits (cauțiune): planning for them instead of being surprised

Security deposits exist to balance creditor urgency with debtor protection. Romanian law allows courts to require a deposit for interim measures depending on the proof profile of the claim and the risk of abusive freezing. In cross-border cases, planning for the deposit and presenting a focused, evidence-backed urgency narrative can reduce the risk of excessive deposit requirements and delay. Romanian Code of Civil Procedure: security deposit rules for interim measures (Portal Legislativ)

Enforcement in Romania: garnishments, attachment, sales and common roadblocks

1) From enforceable title to collection: what typically happens

Enforcement in Romania is generally carried out through a Romanian judicial enforcement officer (executor judecătoresc). Your ability to collect depends on the quality of the title and, most importantly, on whether the debtor has attachable assets and whether those assets can be identified quickly. Payment orders and certain court decisions can produce enforceable effects within the special procedure framework, after which enforcement measures may be pursued according to the enforcement rules in the Code of Civil Procedure. Romanian Code of Civil Procedure: enforcement framework (Portal Legislativ)

2) Bank account garnishment and third-party garnishment: usually the first move

Bank garnishment is often the fastest enforcement tool when the debtor has active accounts. Third-party garnishment can also target receivables from customers or business partners. Common practical obstacles include: accounts with no balance, immediate cash-out patterns, account rotation, or the debtor operating through multiple entities. This is why early interim measures and asset intelligence can be decisive. Romanian Code of Civil Procedure: enforcement measures and applicable rules (Portal Legislativ)

3) Attachment and sale of movable and immovable assets: when garnishment is not enough

If cash recovery fails, enforcement usually shifts to attaching movable or immovable assets, valuation, and sale. A key structural point in Romanian interim measures is that assets frozen as interim measures are preserved for later enforcement once you obtain the enforceable title; liquidation generally follows only after the enforceable stage under the enforcement rules. Romanian Code of Civil Procedure: interim measures and transition to enforcement (Portal Legislativ)

4) Roadblocks foreign creditors commonly face (and how to reduce them)

Recognition and enforcement of non-EU judgments in Romania: practical markers

If your enforceable title is from a non-EU jurisdiction, Romanian law generally requires a recognition and enforcement process governed by the Code of Civil Procedure. The Romanian court typically does not re-try the merits; it checks statutory conditions and potential grounds for refusal (for example, finality, procedural fairness, and other conditions set by the Code). The documentation package commonly includes the judgment copy, proof of finality, proof of service on the absent party where relevant, and certified translations, with formalities depending on the instrument and origin. Romanian Code of Civil Procedure: foreign judgments (Portal Legislativ)

Because non-EU recognition can be document-heavy, a practical efficiency tip is to collect authenticity and finality documents early, and to run a translation plan for the core exhibits (contract, delivery evidence, invoices, judgment, service proofs). This often prevents procedural pauses later.

Indicative timeline (case-dependent): from notice to collection

Important caveat: the timeline below is operational planning guidance, not a guarantee. Duration depends on court workload, service, complexity, the debtor’s defence strategy, security deposits for interim measures, asset tracing, and challenges in enforcement. Only statutory deadlines expressly set by law are fixed; many “real world” delays come from service, scheduling, and creditor-side readiness. Romanian Code of Civil Procedure (Portal Legislativ)

StageWhat you doIndicative duration
Pre-litigationEvidence pack, formal notice, structured negotiation1–3 weeks
Romanian payment order15-day prior notice, file application, hearing, order6–12 weeks in straightforward cases (service and court workload can extend this)
Romanian small-claims trackSimplified proceedings under statutory ceiling2–6 months (variable)
Interim measuresPrecautionary attachment/garnishment in parallelDays to weeks (court and deposit-dependent)
EnforcementBailiff appointment, garnishment, attachment, sale1–12 months (highly variable based on assets and challenges)

Common mistakes foreign creditors make (and how to avoid them)

Fees and costs: what you can estimate and what must be verified case-by-case

Court stamp duties in Romania are governed by a specific legal act (Government Emergency Ordinance No 80/2013), and the amount depends on the type of claim and, in many cases, the value of the claim; for a precise budget, the calculation should be done for your specific procedural route and amount. OUG No 80/2013 on judicial stamp duties (Portal Legislativ)

If tax issues appear (VAT treatment, adjustments, credit notes, deductibility), this article is only general and indicative; it is recommended to obtain specialised tax/accounting advice for your specific facts.

You can find additional practical legal articles on Blog avocat.

Frequently asked questions

1) Can I recover a debt in Romania if I am a non-EU creditor?

Yes. If the debtor is established in Romania or holds assets in Romania, you may pursue Romanian court proceedings and/or seek recognition and enforcement of a foreign title in Romania under the Code of Civil Procedure’s rules on foreign judgments, depending on your situation. Romanian Code of Civil Procedure: foreign judgments (Portal Legislativ)

2) Is a formal pre-action notice mandatory for the Romanian payment order procedure?

The payment order route is built around a prior notice (somație) served on the debtor with a statutory payment deadline and proof of service in the file; operationally, non-compliance can jeopardise the fast-track path. Romanian Code of Civil Procedure: payment order notice requirement (Portal Legislativ)

3) When does the Romanian domestic small-claims track apply?

It applies when the value of the claim (excluding interest, costs and accessories) falls under the statutory ceiling set in the Code’s small-claims provisions and the claimant opts for this simplified route. Romanian Code of Civil Procedure: small-claims track (Portal Legislativ)

4) Can the debtor stop enforcement by contesting a Romanian payment order?

The special procedure provides a debtor remedy against the payment order, but the enforceability and any suspension depend on the statutory conditions under the Code, including the possibility of a security deposit for suspension in the scenarios provided by law. Romanian Code of Civil Procedure: payment order remedies and suspension rules (Portal Legislativ)

5) Can I obtain interim measures in Romania before I have an enforceable title?

Yes. Romanian law provides interim measures such as precautionary attachment and precautionary garnishment subject to statutory conditions, typically requiring documentary support and a demonstrated risk of dissipation, and sometimes a court-ordered security deposit. Romanian Code of Civil Procedure: interim measures (Portal Legislativ)

6) Which EU instrument is relevant if I already have an EU judgment and want to enforce in Romania?

For many civil and commercial matters, Regulation (EU) No 1215/2012 (Brussels I bis, recast) governs recognition and enforcement of EU judgments across Member States, supported by practical guidance on the European e-Justice Portal. Regulation (EU) No 1215/2012 (EUR-Lex) European e-Justice Portal: Brussels I bis (practical info)

7) What if my judgment is from outside the EU?

Non-EU judgments typically require a Romanian recognition and enforcement process under the Code of Civil Procedure, focusing on statutory conditions and grounds for refusal, with a document package that commonly includes proof of finality and certified translations. Romanian Code of Civil Procedure: recognition and enforcement of foreign judgments (Portal Legislativ)

8) What governs cross-border service of documents inside the EU?

Regulation (EU) 2020/1784 governs cross-border service of judicial and extrajudicial documents in civil or commercial matters within the EU and aims to improve speed and efficiency. Regulation (EU) 2020/1784 (EUR-Lex)

9) What governs cross-border taking of evidence inside the EU?

Regulation (EU) 2020/1783 governs cooperation between courts in the taking of evidence in civil or commercial matters, aiming to reduce delays and costs in cross-border proceedings. Regulation (EU) 2020/1783 (EUR-Lex)

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