Which procedure is appropriate for a commercial dispute?

There is no quick procedure suitable for every commercial dispute. The Code of Civil Procedure provides for special procedures for certain types of claims, and the choice depends on the subject matter of the claim, its value, the documents, the urgency, and the anticipated defenses. These procedures can simplify the judgment, but do not guarantee a specific duration or a favorable solution.

Commercial dispute: payment order for contractual debts

The procedure of the payment order can be used for certain, liquid and enforceable claims that consist of obligations to pay sums of money and result from a contract. Before approaching the court, the creditor must communicate the summons provided by law to the debtor, granting the legal deadline of 15 days for payment.

The claim is mainly based on the contract, performance, due date and balance of payments records. If the debtor submits defenses of fact that require evidence other than the records and these could be administered under common law, the court may reject the use of the special procedure; the creditor may enforce his claim through common law.

Low-value request

The procedure for low-value claims applies when the principal amount does not exceed 50,000 lei at the time of the court’s referral; interest, court costs and other ancillary income are not taken into account for this threshold. The ceiling was modified in 2025. The Code also provides for excluded matters, so it is necessary to verify whether the specific type of claim is eligible.

The procedure uses forms and is usually conducted in writing, with the court having the option to request clarification or to hold an oral hearing when necessary. It may be an option for smaller claims that may be proven without disproportionate evidence.

The Presidential Order for an urgent interim measure

The presidential order allows the request for a provisional measure in urgent cases, for the preservation of a right that would be harmed by delay, the prevention of imminent and hard to repair damage, or the removal of an obstacle to enforcement. The measure must be temporary and not resolve the underlying dispute.

In a dispute between professionals, the procedure can be considered when there is a real need for temporary intervention before the merits of the case are decided. It is not a substitute for the main action and is not a way to obtain a final result, in a short time, of the result sought in the lawsuit.

What to check before submitting a complaint to the court

  • what is the exact subject of the request and whether the law allows for the special procedure;
  • if you have the contract, the invoices, the notifications, the proof of performance and the calculation of the amount;
  • if the preliminary procedural conditions are met, including the summons for the payment order;
  • if the likely defenses require expert testimony, witnesses, or other evidence incompatible with the chosen procedure;
  • what remedies and deadlines apply if the court rejects the special procedure.

A properly drafted and documented request helps the court understand quickly what is being requested, but the timeline depends on the court, communications, the parties' defenses, and the administration of evidence.

Legislative sources

For related information, please consult category of commercial disputes. The information is general; the choice of procedure depends on the documents and the concrete circumstances.