Commercial lawyer in Bucharest for business disputes, debt recovery & contract litigation
If your company is dealing with unpaid invoices, contract non-performance, termination disputes, penalties, or enforcement problems, the real risk is usually timing and evidence. I assist businesses in Bucharest and across Romania with a structured approach: identify the right legal tool, build an evidence-ready file, and act within deadlines.
Next step for you: send the contract/PO chain, invoices/statement of account, and a short timeline (what happened, when, what notices were sent). I will reply with a clear outline of reasonable options and what you should do first.
Informațiile sunt generale și nu înlocuiesc consultanța juridică. Contează faptele, actele și cronologia.
When you need this
- Unpaid invoices and repeated “next week” promises, without a serious dispute on the merits.
- The other party claims non-performance, defects, delays, or refuses acceptance/payment.
- You need a fast debt recovery route (where eligible) instead of a full-length lawsuit.
- You want to enforce or challenge a penalty clause (contractual penalties) and manage evidence.
- You need to terminate/rescind a contract safely (notices, cure periods, handover, exposure control).
- A commercial guarantee is involved (promissory note, bill of exchange, bank guarantee) and you must act correctly.
- You suspect the debtor is moving assets and you need urgent protective measures (where conditions are met).
- Cross-border element: foreign counterparty, foreign assets, or enforcement needed in another EU Member State.
- You want a settlement that is enforceable and reduces follow-up litigation risk.
What we do, step by step
- Scoping and goal-setting: what outcome is realistic (payment, performance, termination, damages, risk containment).
- Forum and law check: jurisdiction clause, applicable law, arbitration clause, service implications.
- Evidence mapping: what we can prove now, what must be preserved, and what gaps need to be closed.
- Route selection: negotiation + notice strategy, fast-track filing (where eligible), standard claim, or enforcement-first logic.
- Draft and file: notices, claims, interim requests, and annexes prepared around the evidence file.
- Deadline control: limitation, procedural deadlines, and tactical timelines (especially important in multi-party chains).
- Defense handling: objections, counterclaims, set-off, invalidity arguments, authority/signature challenges.
- Resolution and enforcement: settlement terms that are enforceable, court/enforcement follow-up, and cross-border steps where applicable.
Documents & information useful for the first review
| Document | Why it matters | Notes |
|---|---|---|
| Contract/PO terms + annexes (full chain) | Defines obligations, payment terms, acceptance rules, penalties, termination, forum and law | Include versions, amendments, general terms, schedules |
| Invoices + statement of account | Fixes amounts, due dates, VAT components, partial payments and allocations | Include payment reminders and any agreed rescheduling |
| Performance proof (delivery/acceptance) | Shows that goods/services were delivered and accepted (or why acceptance is disputed) | CMR, protocols, tickets, emails, platform logs, handover notes |
| Correspondence timeline | Shows breach notices, cure opportunities, negotiations, admissions, and dispute evolution | Export email threads; include proof of sending/receiving |
| Penalty clause / damages framework | Clarifies calculation mechanics and whether reduction arguments may arise | Provide internal calculations and supporting documents |
| Guarantees (if any) | May change enforcement options and leverage (promissory note, bill of exchange, bank guarantee) | Send scans, endorsements/aval chain, and any completion agreement |
| Counterparty identifiers and asset leads | Important for enforcement and urgent measures planning | Company data, bank info, known assets, subsidiaries, trade partners |
Risks & common mistakes
- Waiting too long and running into limitation issues or evidence deterioration.
- Sending notices without proof of delivery or without matching contractual notice rules.
- Filing before consolidating the full contract chain and acceptance/performance proof.
- Choosing a “fast” procedure that does not fit the dispute profile and predictably triggers objections and delays.
- Assuming a penalty clause automatically wins the case, without documenting breach, timeline and causation.
- Signing a settlement without enforceable terms, clear default consequences, and proof of authority.
- Starting enforcement without clean debtor identifiers and an asset-focused plan.
- Ignoring cross-border service and translation requirements when the counterparty is abroad.
FAQ
Do you handle B2B debt recovery and commercial disputes only in Bucharest?
No. The practice is based in Bucharest, but assistance can cover matters across Romania, depending on jurisdiction and the competent court/authority.
Can we recover a debt faster than a standard lawsuit?
Sometimes, yes, if the evidence is clean and the procedural route fits the case (including certain simplified domestic procedures or EU tools in cross-border scenarios). Eligibility depends on facts and documents.
What if the debtor disputes the debt or claims defects/non-performance?
We assess whether the dispute is serious and evidence-based, and choose the correct route. Often the key is building an evidence file that anticipates the most likely defenses.
Can we terminate/rescind a contract by simply sending a notice?
It depends on the contract text and the breach timeline. Notice rules, cure periods, and performance/acceptance issues matter, and mistakes can increase litigation risk.
How do penalty clauses (contractual penalties) work in practice?
Penalty clauses can be a strong tool, but they still require proof of breach and correct calculation under the contract. Depending on context, reduction or invalidity arguments may arise.
Do you handle cross-border (EU) enforcement and procedures?
Yes, where the case has an EU element (foreign counterparty, foreign assets, or enforcement in another Member State). We select the appropriate tool based on jurisdiction, applicable law, and enforceability needs.
Contact
If you want a clear next step, you can contact me and send the relevant documents. Consultations are by appointment.
Related service pages in this area
Debt recovery & enforcement tools
Relevant internal links
Sources
- Romanian Civil Code (Law no. 287/2009) – legislatie.just.ro
- Romanian Civil Procedure Code (Law no. 134/2010) – legislatie.just.ro
- Government Emergency Ordinance no. 80/2013 (court stamp fees) – legislatie.just.ro
- Law no. 72/2013 (late payment in commercial transactions) – legislatie.just.ro
- Government Ordinance no. 13/2011 (statutory interest) – legislatie.just.ro
- Law no. 58/1934 (bill of exchange and promissory note) – legislatie.just.ro
- Directive 2011/7/EU (late payment in commercial transactions) – EUR-Lex
- Regulation (EU) No 1215/2012 (Brussels I bis) – EUR-Lex
- Regulation (EC) No 593/2008 (Rome I) – EUR-Lex
- Regulation (EU) No 655/2014 (European Account Preservation Order) – EUR-Lex
