Debt recovery under Romanian law may proceed through negotiation, court proceedings and enforcement. The appropriate route depends on the claim, available documents, any existing enforceable instrument and the debtor’s position.

General stages

1. Demand and notice of default

Check the due date and whether a formal notice is required under the contract and applicable law. A clear demand can identify the obligation, amount and payment deadline. Some situations involve default by operation of law, while particular court procedures impose their own prior-notice requirements.

For monetary debts, late-payment interest and any further recoverable loss must be assessed under the agreement and legal rules, including Article 1535 of the Civil Code. Do not assume every claim has the same interest rate or starting point.

2. Choosing a court procedure

If payment is not made, the creditor may bring an appropriate claim. Available routes may include:

  • A payment order: a special procedure for qualifying certain, quantified and due monetary claims supported by the required documents and legal relationship.
  • The small-claims procedure: a simplified route subject to its value ceiling, scope and exclusions.
  • Ordinary proceedings: where the claim or dispute requires the applicable full procedure and evidence.

The choice affects the documents, prior steps, court fee, evidence and challenge route. A simplified procedure does not guarantee recovery or a fixed completion time.

3. Judgment and enforceability

The court determines the claim on the evidence and applicable procedure. Check whether the resulting judgment or order is enforceable, what remedy is available and whether any suspension applies. A payment order has its own annulment procedure and enforcement rules.

4. Enforcement

Where an enforceable instrument exists and voluntary payment is absent, the creditor may apply to a judicial enforcement officer. The officer seeks the required court authorisation under Article 666 and carries out legally available measures.

These may include garnishment and enforcement against assets, subject to statutory protections. Actual recovery depends on the debtor’s assets, competing rights and the proceedings. The ordinary limitation period for the right to enforce is three years, subject to exceptions, interruption and suspension under Article 706 and related rules.

Other relevant issues

The permitted grounds for challenging enforcement depend on the instrument and procedural rules. Restrictions applicable to a payment order should not be generalised to every enforceable instrument.

A suspension application is separate and generally involves security under Article 719, subject to the statutory conditions and exceptions. Filing a challenge does not ordinarily suspend enforcement automatically.

Where insolvency proceedings have opened, Law No 85/2014’s collective procedure and claim-filing rules must be considered. Individual enforcement cannot be assumed to continue unchanged.

This article gives a general sequence. An individual strategy requires the contract, invoices, correspondence, payment history, relevant dates and information about the debtor.