Commercial lawyer in Bucharest for business disputes, debt recovery & contract litigation

For companies dealing with a contractual dispute, unpaid invoices, contested invoices, commercial guarantees, penalties, non-performance, termination or conflicts between business partners, the first useful step is not automatically “going to court”. The first useful step is to understand what can actually be proved: the contract, purchase orders, invoices, delivery or performance proof, acceptance, objections, due dates, notices, guarantees, interest or penalty calculations and the full chronology.

In commercial disputes, the difference between a strong position and a vulnerable one often lies in apparently small documents: a confirmation email, an acceptance protocol, a purchase order, a delivery note, a work report, a statement of account, a correctly served notice or a jurisdiction clause. A debt may be real, but hard to recover if the evidence is disorganised, the notice is defective, the amount is calculated unclearly or the chosen procedure does not match the level of dispute.

This page explains, in a clear and practical format, how I handle Romanian commercial law and business dispute matters: B2B debt recovery, fast-track debt procedures, commercial guarantees, termination and rescission, penalty clauses, interim measures, construction disputes, FIDIC contracts, IT and SaaS disputes, distribution, agency and franchise disputes, insolvency, directors’ liability and contracts with cross-border elements. The goal is to choose the efficient route: documented negotiation, fast-track procedure, standard claim, interim measures, insolvency, enforcement or settlement.

The information below is general and does not replace legal advice on a specific matter. In commercial disputes, facts, contracts, annexes, notices, evidence, jurisdiction clauses, applicable law and chronology can change the strategy. For a first review, send the contract and annexes, invoices or purchase orders, proof of delivery or performance, relevant correspondence, guarantees and a short timeline.

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In 30 seconds: how I can help

Useful assistance in commercial litigation is not only drafting a claim. It means quickly determining whether the debt is clear, whether there is a serious defence, which evidence is missing, which notice must be sent, whether guarantees exist, whether a fast procedure can be used and what risk remains until the money is actually recovered. In many cases, the real objective is not only a judgment, but actual collection, loss reduction, guarantee enforcement or controlled exit from a non-functioning contract.

For the main English service page in this area, see Commercial lawyer in Bucharest for business disputes, debt recovery and contract litigation.

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Dedicated pages in this commercial category

Commercial disputes may look similar at first glance, but strategy changes significantly depending on contract type, evidence, guarantees, level of contestation, urgency, insolvency risk and cross-border elements. If your situation matches one of the topics below, use the dedicated page.

Subservice	When it is relevant	Link
B2B debt recovery	Overdue invoices, contested goods or services, negotiation and evidence before litigation	Open
Fast debt recovery procedures	Payment order, low-value claims, European Payment Order, Small Claims and EAPO	Open
Commercial non-performance disputes	Failure to deliver, defects, delays, refusal to pay, evidence strategy and litigation	Open
Commercial guarantees	Promissory note, bill of exchange, bank guarantee, enforcement, challenge and evidence	Open
Termination, rescission and penalties	Non-functioning contract, penalty clause, default notice, cure period, negotiation, litigation	Open
Interim measures in commercial disputes	Precautionary attachment, garnishment, risk of asset transfer or emptying bank accounts	Open
Freezing assets before judgment	Specific strategy for precautionary attachment and garnishment in commercial litigation	Open
Construction disputes	Works contracts, acceptance, delays, defects, payment certificates, penalties, expert evidence	Open
FIDIC and complex construction contracts	Claims, variations, EOT, penalties, notices, dispute boards and arbitration	Open
IT and tech disputes	SaaS, outsourcing, software delivery, acceptance, escrow, IP and technical evidence	Open
Distribution, agency and franchising	Termination, non-compete, stock return, commissions, exclusivity and client portfolio	Open
Shareholder disputes	Challenge AGM resolutions, document access, exclusion scenarios and corporate deadlock	Open
Directors’ and officers’ liability	Liability claims, defence strategy, breach of mandate, causation and damage	Open
Insolvency in Romania	Opening proceedings, filing claims, challenging the table of claims, restructuring	Open
Paulian action	Fraudulent asset transfers made ineffective against creditors	Open
Commercial arbitration	Arbitration clauses, institutional choice, interim measures, procedure and enforcement	Open

Practical working principles

1. Evidence first, procedure second. We do not choose payment order, standard litigation, insolvency or interim measures before checking what can be proved.
2. The claim must be understandable. Principal, due dates, penalties, interest, partial payments, set-offs and costs must be placed in a verifiable calculation.
3. The notice is not a formality. A good notice fixes the position, deadline, amount, documents and rights reserved.
4. Negotiation must be documented. Commercial discussions may help or weaken the file depending on how they are written and preserved.
5. The route must fit the level of contestation. If the case needs expert evidence, a fast procedure may be wrong; if the debt is clean, standard litigation may be too slow.
6. Guarantees are checked from the start. A promissory note, bill of exchange or bank guarantee may change the negotiation leverage, but may also trigger fast disputes.
7. The result must be enforceable. We do not aim only for a paper judgment; we plan actual recovery, guarantees, garnishment, attachment, enforcement or implementable settlement.

B2B debt recovery: sequence matters before litigation

B2B debt recovery starts with a simple question: what can we prove and how contested is the claim? If there is a contract, invoices, acceptance records, delivery proof, confirmations and no serious objections, a firm route can be built: notice, default notice, negotiation with deadline, fast procedure or claim. If the debtor invokes defects, delays, returns, set-off or lack of acceptance, a more detailed evidence map is needed.

A good recovery strategy does not start with generic threats. It starts with a clean statement of account, numbered documents, transparent calculation and a notice showing what is claimed, under which contract, for which period, with which accessories and by what deadline. If the debtor responds, that response becomes evidence. If the debtor does not respond, silence may help in selecting the route.

• review of contract, purchase orders, invoices, due dates and performance proof
• separating clean claims from claims exposed to serious objections
• preparing the statement of account and accessory calculation
• drafting the payment notice and default notice, where relevant
• negotiating instalments, acknowledgement of debt, guarantees or settlement
• selecting the route: payment order, low-value claim, standard litigation, insolvency or EU instrument

For this topic, see B2B debt recovery in Romania: pre-litigation, negotiation and evidence strategy.

Fast procedures: payment order, low-value claims and EU instruments

Fast procedures are useful only if the file is ready for them. The Romanian payment order can create procedural pressure where the debt is documented, due and not genuinely dependent on complex evidence. A low-value claim may be efficient for limited claims with simpler evidence. EU instruments may be relevant where the debtor or assets are in another Member State.

The risk of choosing the wrong fast procedure is losing time and ending up in standard litigation anyway. Before filing, we check the contract, jurisdiction clauses, applicable law, due dates, acceptance, objections, correspondence history and whether the debtor can raise serious defences. If the file requires expert evidence, witnesses or complex technical interpretation, the fastest route may not be the correct route.

• payment order for documented and due commercial claims
• low-value claims where the value and procedure fit
• European Payment Order for certain cross-border EU claims
• European Small Claims for certain cross-border low-value claims
• European Account Preservation Order where there is a risk around bank funds
• preparing annexes and standard forms where EU instruments are used

See Fast debt recovery procedures: payment order, low-value claims and EU instruments.

Commercial guarantees: promissory note, bill of exchange and bank guarantee

Commercial guarantees can change the balance of power. A promissory note, bill of exchange or bank guarantee may accelerate recovery or provide leverage in negotiation. At the same time, an incorrectly used guarantee can generate objections, litigation and additional costs. The guarantee must therefore be analysed together with the underlying contract, due date, notices and documents justifying enforcement.

Before enforcing or challenging a guarantee, we check form, signatures, completion, due date, payment conditions, contractual clauses, limits and party correspondence. If you are the creditor, the goal is to use the guarantee without weakening your position. If you are the debtor, the goal is to check whether the call or enforcement is justified or abusive and which urgent steps are available.

• review of promissory note or bill of exchange: form, signatures, due date, completion, endorsements
• bank guarantee analysis: call conditions, documents, deadlines and limits
• strategy for enforcement, notice, challenge or negotiation
• coordination with the underlying contract, invoices, deliveries and penalties
• urgent steps if there is a risk of abusive enforcement
• evidence preparation for court or enforcement

See Commercial guarantees: promissory note, bill of exchange and bank guarantee.

Termination, rescission, penalty clause and contractual penalties

When a contract has become non-functional, the main question is which remedy to use and in what order. Termination, rescission, specific performance, price reduction, penalties, damages or amicable termination have different effects. A defective notice may weaken the position, especially if it does not follow the contractual mechanism, cure period or penalty clause conditions.

In these files, we analyse the obligations, non-performance, fault, contractual remedies, force majeure, limitation clauses, penalties and damage proof. If negotiation is possible, we prepare a controlled exit: acknowledgement, payments, deadlines, guarantees, returns, handover documents, confidentiality and release clauses. If litigation is unavoidable, we prepare notices and evidence so that the position is coherent.

• analysis of the suitable remedy: termination, rescission, performance, damages, settlement
• drafting notices: default notice, cure period, termination or rescission declaration
• calculation of penalties, penalty clause, interest, costs and losses
• strategy where the other party invokes force majeure, shared fault or defects
• negotiation for amicable exit, instalments or partial performance
• litigation preparation where no commercial solution exists

See Termination, rescission, penalty clause and contractual penalties.

Interim measures: precautionary attachment and garnishment

Sometimes the problem is not only winning the dispute, but making sure assets or money still exist at the end. If there is a risk of asset transfer, emptying bank accounts, moving funds or enforcement difficulties, interim measures may be relevant. They must be prepared carefully: claim, prima facie position, urgency, risk, evidence, security and proportionality.

A request for precautionary attachment or garnishment is not built on general suspicion. It must be documented: contract, amount, due date, recovery attempts, debtor conduct, assets, accounts, transactions or risk indicators. In parallel, the procedural cost and effect on negotiation must be assessed. The measure may create pressure, but may also escalate the dispute.

• analysis of asset-transfer or enforcement risk
• preparing evidence regarding the claim and urgency
• checking conditions for precautionary attachment or garnishment
• strategy on security and proportionality
• implementation and challenge of measures, where relevant
• coordination with the main litigation or cross-border procedures

See Interim measures in Romania: precautionary attachment and garnishment and Freezing assets before judgment in Romanian commercial disputes.

Specialised commercial disputes: construction, IT, distribution, agency and franchising

Some commercial disputes require a more technical approach than ordinary debt recovery. In construction, acceptance, work stages, payment certificates, delays, apparent or hidden defects, expert evidence and contractual notices matter. In FIDIC and complex construction contracts, claims, variations, EOT, notices, consultant decisions, penalties and dispute mechanisms matter. In IT and SaaS, delivery, acceptance, SLA, bugs, escrow, IP rights, data and technical evidence matter.

In distribution, agency and franchise relationships, the real issue may be termination, non-compete, exclusivity, commissions, bonuses, targets, stock return, client portfolio or use of the brand. Here, the dispute is prepared from the contract, figures, correspondence, performance, market conduct and consequences of termination.

• construction disputes: acceptance, delays, defects, payment certificates, penalties
• FIDIC and complex contracts: claims, variations, EOT, notices, dispute board, arbitration
• IT and SaaS disputes: delivery, acceptance, SLA, escrow, IP, technical evidence
• distribution, agency and franchising: termination, non-compete, commissions, stock return
• adapted evidence strategy: technical experts, reports, ticketing and operational data
• negotiation or litigation while preserving commercial leverage

Insolvency and directors’ liability

When the debtor does not pay, we check whether the issue is a delay or insolvency risk. For a creditor, insolvency can be a pressure and recovery route, but it is not suitable for every claim. The nature of the claim, due date, documents, statutory thresholds, likelihood of objection and effect of opening proceedings all matter. For a debtor, defence to the petition, challenging the claim, reorganisation and preserving operations matter.

Directors’ and officers’ liability arises where it is alleged that management decisions caused damage: breach of mandate, conflict of interest, lack of diligence, exceeding powers, transactions during financial distress or conduct in insolvency context. These cases are built on mandate, decisions, accounting documents, causation, damage and the applicable conduct standard.

• creditor petition for opening insolvency or defence to a petition
• filing claims, objections to the table of claims, voting, plan and distributions
• analysis of insolvency risk before litigation or enforcement
• liability claims against directors or defence against such claims
• proof of damage, causation, mandate and conduct
• strategy for groups of companies, investors, creditors and directors

See Insolvency in Romania: filing claims, objections and reorganisation and Directors’ and officers’ liability in Romania.

Commercial contracts with cross-border elements

In commercial contracts with cross-border elements, jurisdiction, arbitration, applicable law, language, notices and enforcement clauses may decide the result before litigation begins. A poorly drafted jurisdiction clause can lead to parallel disputes. An unclear applicable-law clause can complicate analysis. Lack of a notice rule can create timing disputes. A judgment obtained in one state may need recognition or enforcement in another state.

Before litigation, we check where the case should be started, which law applies, whether arbitration is mandatory, which documents must be translated, how service works, which EU instruments may be used and where the debtor’s assets are located. In many cases, the right strategy is not only “where can I win”, but “where can I enforce efficiently”.

• analysis of jurisdiction, arbitration and applicable-law clauses
• route selection: court, arbitration, European Payment Order, Small Claims, EAPO
• translations, apostille, legalisation, service and evidence handling
• recognition and enforcement of judgments in the EU or outside the EU
• strategy for a debtor with assets in Romania or abroad
• coordination with foreign counsel where necessary

For useful resources, see International contracts with Romanian partners: dispute clauses, Civil and commercial litigation in Romania for clients abroad and Complete guide to cross-border disputes connected to Romania.

Commercial notices: fixing your position without weakening the file

In many commercial disputes, the notice is the first serious document that remains in the file. It can set the negotiation framework, mark the due date, trigger penalties, prove default or prepare termination. A superficial notice may create problems: it does not show the amount clearly, does not indicate the basis, does not follow the contractual address, does not attach relevant documents or uses wording that looks like a waiver of rights.

A good notice does not need to be aggressive to be effective. It must be precise. It identifies the parties, contract, breached obligation, amount or remedy requested, deadline, annexes, proof of sending and consequences of non-compliance. If negotiation is possible, the notice may include a settlement proposal, but with express reservation of rights. If litigation risk exists, we avoid wording that may be interpreted as acceptance of a non-compliant situation.

In contracts with special notice mechanisms, we check the address, contact person, form, language, deadline, channel and proof of communication. An email may be useful, but not always enough. Sometimes courier, registered letter, bailiff notice or lawyer notice is needed, depending on the contract and objective.

• check the contractual notice clause and applicable address
• define whether the notice concerns payment, cure, termination, penalties or settlement
• prepare annexes and calculations in a format that can be verified
• reserve rights without blocking negotiation
• preserve proof of sending and the exact version of documents sent
• avoid uncontrolled parallel messages by email, WhatsApp or phone

Calculating claims: principal, accessories, set-off and losses

In a commercial dispute, the amount claimed must be verifiable. A global figure in a notice or claim is easy to attack. The principal, penalties, interest, costs, partial payments, discounts, returns, set-off, retained guarantees and damages must be separated. Each component needs a basis: contractual clause, invoice, due date, period, rate, report or supporting document.

In practice, many files become complicated because accounting records do not fully match the legal position. Accounting shows the balance, but the dispute also requires proof of performance, due date, acceptance and absence of valid set-off. If penalties are claimed, we must check whether they run automatically, whether a notice was needed, whether a cap exists, what period is included and whether penalties are proportionate.

For defence, calculation is just as important. If you receive a commercial claim, we check whether the amount is proven, whether penalties have a basis, whether there were non-conforming deliveries, whether payments were not recorded, whether set-off, guarantees or earlier objections exist. Sometimes defence does not mean denying everything, but correctly reducing the claim and obtaining a realistic commercial solution.

• separate principal from penalties, interest, costs and damages
• check due dates and calculation periods
• connect the invoice with delivery, performance and acceptance
• identify partial payments, set-off, returns, discounts and guarantees
• prepare a calculation table usable in notices, negotiation or court
• check whether the amount claimed fits the selected procedure

Commercial evidence: turning documents into a coherent file

A good commercial file is not a folder where every document is placed randomly. It is a logical construction: obligation, performance, due date, non-performance, notice, damage, remedies. Each document must answer a question. The contract shows the obligation. The purchase order shows the concrete request. The invoice shows the amount. The acceptance record shows acceptance. Correspondence shows objections, acknowledgements or promised deadlines. The calculation shows the amount. The guarantee shows the recovery tool.

In technical disputes, evidence becomes even more important. In construction, we need payment certificates, acceptance documents, photographs, reports, expert evidence, notices and site correspondence. In IT, we need ticketing, logs, acceptance, milestones, SLA, testing reports and software versions. In distribution, we need targets, bonuses, commissions, stock, returns and sales reports.

Before filing, we check which evidence is missing and whether it can be obtained. Sometimes a notice can request additional documents. Sometimes a private expert report can clarify a technical position. In other cases, evidence preservation or urgent measures may be useful. The goal is not to enter litigation with a good story but without documents that support it.

• organise documents chronologically and by evidence theme
• mark what each document proves
• identify gaps: acceptance, confirmations, notices, annexes, reports
• decide whether technical, accounting or IT expert input is needed
• prepare the index and annexes in a readable way
• avoid filing unnecessary documents that hide the important evidence

From judgment to actual recovery: enforcement, guarantees and assets

In commercial disputes, a favourable judgment does not automatically mean money recovered. It is important to check early whether the debtor has assets, bank accounts, contracts, receivables or enforceable property. If insolvency risk or asset transfer risk exists, the strategy should include protective steps before or during litigation. Otherwise, you may obtain a good judgment that is difficult to enforce.

Enforcement is prepared from the analysis stage. We check debtor details, registered office, directors, payment history, known assets, guarantees, litigation or insolvency signals. If a judgment, order or enforceable title exists, next steps must be coordinated with the bailiff: garnishment, attachment, enforcement against assets, tracing receivables or other measures allowed by law.

In cross-border files, enforcement requires additional checks: the state where assets are located, recognition regime, European forms, translations, certificates, local procedures and costs. Sometimes it is more efficient to choose the procedure based on enforcement location, not only the forum that seems convenient.

• check from the start whether enforceable assets or guarantees exist
• analyse insolvency, asset transfer or account-emptying risk
• use interim measures where justified
• prepare enforcement steps after judgment or order
• coordinate with the bailiff and foreign counsel where enforcement is cross-border
• assess whether settlement can produce faster recovery than full litigation

Settlement, instalments and payment agreements: making them enforceable

In many commercial files, the best outcome is not necessarily a judgment after years of litigation, but an enforceable and well-secured settlement. A poorly drafted settlement may repeat the initial problem: vague promises, unclear deadlines, no guarantees, no consequences for non-payment, excessive waivers or no practical enforcement. The agreement must therefore be treated as a legal instrument, not just a confirmation of goodwill.

A good agreement sets the amount, due dates, payment method, guarantees, consequences of non-payment, debt acknowledgement, acceleration clauses, costs, confidentiality, closure of disputes and what happens with proceedings already started. If guarantees exist, they must be attached or connected. If litigation exists, the agreement must state how the case is stayed, withdrawn or continued if payment fails.

• negotiate the amount and payment calendar with clear deadlines
• include acknowledgement of debt and acceleration clauses where useful
• request guarantees: promissory note, bank guarantee, suretyship, mortgage or other mechanisms
• define consequences of non-payment and restart of proceedings
• avoid general waivers that may affect other claims
• draft the settlement so that it can be used practically, not only archived

Commercial data room: organising documents before litigation

For larger disputes, a minimal commercial data room is useful. It does not need to be sophisticated, but it must be clear: contracts, annexes, purchase orders, invoices, delivery proof, acceptance, correspondence, guarantees, calculations, payments, related disputes, accounting documents, technical documents and chronology. Good organisation reduces analysis cost and increases reaction speed.

The data room should preserve final versions and, where relevant, negotiation versions. In complex contracts, it may be important to see how a clause appeared. In IT disputes, system exports, ticketing and logs must be preserved. In construction, drawings, payment certificates, photographs and reports must be preserved. In simple debt files, invoices, due dates, acceptance documents and payment promises must be preserved.

• structure documents by category, not in one disorganised folder
• number important documents and build an index
• preserve complete email threads, not isolated messages
• separate confidential or sensitive documents
• mark missing documents and who can obtain them
• use the data room as basis for notices, claims and negotiations

How we work, step by step

1. Clarify the objective. Recovery, defence, contract exit, guarantee enforcement, settlement, interim measures, insolvency or litigation.
2. Collect the essential documents. Contract, annexes, purchase orders, invoices, acceptance, delivery, correspondence, guarantees, calculations and party data.
3. Reconstruct the chronology. Who requested, who delivered, what was accepted, when invoicing happened, what was disputed and what was promised.
4. Define the legal thesis. Debt, non-performance, delay, defect, termination, penalties, damages, defence or set-off.
5. Define the calculation. Principal, accessories, penalties, interest, costs, partial payments, set-off and periods.
6. Select the route. Negotiation, notice, payment order, low-value claim, standard litigation, EU instrument, interim measures, insolvency.
7. Draft the documents. Notices, default letters, settlement proposals, claims, statements of defence, replies and submissions.
8. Manage evidence. Documents, witnesses, expert reports, technical data, ticketing, accounting and complete correspondence.
9. Track implementation. Payment, guarantees, enforcement, lifting of measures, controlled exit, settlement or enforceable judgment.

We also check whether the individual dispute is part of a broader pattern: several overdue invoices, similar contracts, the same debtor in difficulty, repeated objections or the same acceptance problem. If so, the strategy must be built consistently to avoid contradictory notices and parallel files that become difficult to coordinate.

This check also helps with budgeting: we can decide whether a fast procedure, settlement, interim measures, insolvency or broader litigation makes sense depending on amount, evidence, risk and realistic recovery prospects.

Documents and information useful for the first review

Document	Why it matters	Notes
Contract, annexes, addenda, terms and conditions	Define obligations, deadlines, acceptance, notices, remedies, penalties and jurisdiction	Include SLA, specifications, general terms, term sheet and final versions
Purchase orders, offers, confirmations	Show acceptance and concrete delivery or service parameters	Useful especially where the contract is a framework or the relationship formed by email
Invoices and statement of account	Set the claim amount, due dates and partial payments	Include bank statement, accounting records and accessory calculation
Proof of delivery or performance	Connects payment with performance of your obligation	Acceptance protocols, delivery notes, AWB, CMR, reports, ticketing, handover notes
Complete correspondence	Shows acknowledgements, objections, promises, deadlines and official positions	Export complete threads, not isolated fragments
Commercial guarantees	May accelerate recovery or create fast disputes	Promissory note, bill of exchange, bank guarantee, corporate guarantees, mortgages
Penalty, interest and damages calculation	Supports a coherent and verifiable claim	Show assumptions: periods, calculation bases, rates, clauses applied
Counterparty details	Important for jurisdiction, service, enforcement and insolvency	Company ID, registered office, representatives, contractual emails, updated data
Asset or transfer-risk documents	Relevant for interim measures and enforcement	Information on bank accounts, assets, transfers, insolvency, public debts
Short timeline	Makes the file understandable and reduces analysis time	One or two pages: dates, amounts, documents, objections, replies and deadlines

Risks and common mistakes

• notices sent late, to the wrong address, without proof or without a clear deadline
• informal negotiations that create contradictions or unintended waivers
• incomplete evidence file: missing acceptance, delivery proof, email threads or annexes
• unclear calculations: mixed sums, wrong periods, penalties without a basis
• choosing a fast procedure although the dispute requires expert evidence or complex proof
• ignoring jurisdiction, arbitration, applicable law and notice clauses
• calling a guarantee without checking conditions and challenge risk
• delaying interim measures until assets disappear or accounts are emptied
• focusing on “being right” without a practical recovery and enforcement plan
• failing to coordinate the commercial dispute with insolvency, tax, criminal or employment risks where they intersect

Useful blog resources

Frequently asked questions

What should I choose: a fast procedure or standard litigation?

It depends on how clear the debt is, what evidence exists and how contested the situation is. In practice, the choice follows a short review: contract, due dates, proof of delivery or performance and history of objections. If expert evidence or complex proof is needed, standard litigation may be more suitable.

Can I claim penalties or interest for late payment?

We start from the contract: penalty clauses, interest clauses, due dates and notice mechanisms. Then we check the legal rules applicable to commercial transactions. The amount claimed should be calculated transparently, by clear periods and supported by documents.

What if the debtor disputes the invoice or alleges defects?

We organise the evidence chronologically: delivery, acceptance, timely objections, remedies proposed, written confirmations and later conduct. Many disputes are won or lost on apparently small documents: protocols, emails, reports, ticketing, delivery notes or work certificates.

Can we start if there is no classic signed contract?

Often, the commercial relationship can be proved through purchase orders, accepted offers, emails, invoices, deliveries, previous payments and conduct of the parties. The key is to build a coherent picture of the agreement, performance and amount owed.

What if the contract has international elements?

We check jurisdiction, arbitration and applicable-law clauses, then choose the correct procedural framework. EU instruments for claims, recognition and enforcement of judgments, European Payment Order, Small Claims or account preservation measures may be relevant.

When does it make sense to request precautionary attachment or garnishment?

It should be considered when there is a real risk that the debtor may transfer assets, empty accounts or make enforcement difficult. We need evidence regarding the claim, risk and proportionality. The request is prepared carefully because it can have major procedural and commercial impact.

Which documents matter most for the first review?

The contract with annexes, invoices, proof of delivery or performance, correspondence showing objections or confirmations and a short timeline. If there are guarantees, a promissory note, bill of exchange, bank guarantee or insolvency risk, we include them from the start.

How do we work practically in the first 7-10 days?

We set the minimum document list, clarify the objective and options, then choose the route: notice, documented negotiation, fast procedure, interim measures, insolvency or standard claim. You receive a step plan: what we send, when, with what evidence and what risk remains.

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Let’s define the next steps quickly and clearly

Send the contract, annexes, invoices, proof of delivery or performance, relevant correspondence, guarantees and a short timeline: key dates, amounts, what you requested, what you received in reply and which deadline is pressing. I will respond with procedural options, risks and next steps.

E-mail: alexandru@maglas.ro | WhatsApp: message on WhatsApp

Useful internal links

• Law office services in Bucharest and Romania
• Commercial lawyer in Bucharest: business disputes and debt recovery
• Tax law services
• Energy law and ANRE regulation
• Legal fees
• Lawyer’s fee guide
• Contact lawyer

Legal and European sources

The sources below are useful for checking the general framework. For a specific file, the updated legal text, contract, applicable clauses, communications and evidence documents must be reviewed.

• Law no. 287/2009 on the Romanian Civil Code, Romanian legislative portal
• Law no. 134/2010 on the Romanian Civil Procedure Code, Romanian legislative portal
• Law no. 72/2013 on combating late payment in commercial transactions, Romanian legislative portal
• Government Ordinance no. 13/2011 on remuneratory and penalty statutory interest, Romanian legislative portal
• Law no. 58/1934 on bills of exchange and promissory notes, Romanian legislative portal
• Law no. 59/1934 on cheques, Romanian legislative portal
• Law no. 85/2014 on insolvency prevention and insolvency proceedings, Romanian legislative portal
• Directive 2011/7/EU on combating late payment in commercial transactions, EUR-Lex
• Regulation (EU) No 1215/2012 on jurisdiction and recognition and enforcement of judgments, Brussels I Recast, EUR-Lex
• Regulation (EC) No 593/2008 on the law applicable to contractual obligations, Rome I, EUR-Lex
• Regulation (EC) No 1896/2006 creating a European order for payment procedure, EUR-Lex
• Regulation (EC) No 861/2007 establishing a European Small Claims Procedure, EUR-Lex
• Regulation (EU) No 655/2014 creating a European Account Preservation Order procedure, EUR-Lex

Note: the information on this page is general. In commercial litigation, facts, documents, clauses, evidence and chronology can change the solution.