Commercial invoice overlooking the Bucharest skyline, illustrating late payment in Romania

Late Payment in Romania: Penalties, Interest and Legal Remedies

When is a Romanian invoice late — and what can a creditor recover?

A missed payment deadline in Romania is not only a collections problem. It can trigger statutory penalty interest, a fixed recovery compensation and, with the right contract, a pre-agreed penalty clause — without the creditor having to prove any loss.

Overdue commercial invoice, payment deadline and legal documents in a Romanian law office

Late-payment claims may include interest, recovery compensation and documented collection costs.

Late payment in Romania is heavily regulated for business-to-business transactions. Under Law 72/2013, which transposes EU Directive 2011/7, a B2B invoice is generally payable within about 30 days unless the parties expressly agreed a longer term — capped at 60 days unless a longer term is not abusive. On late payment, provided the creditor has performed its obligations and the delay is imputable to the debtor, a professional creditor can claim the applicable statutory or contractual late-payment interest or penalty, together with the €40 flat recovery compensation and recoverable collection costs. For money obligations assumed in the exercise of an undertaking’s activity, the debtor is in delay by operation of law, so interest runs from maturity without a formal demand, subject to the statutory conditions. Exact figures depend on the contract and on the reference rate published by the National Bank of Romania.

Most foreign suppliers start with a practical question: when can you demand more than the unpaid principal, and how do you recover an unpaid invoice in Romania? This guide explains when a payment becomes late, which charges a creditor can add, which payment terms are valid (and which clauses are void), and the realistic recovery route from a first demand through to enforcement.

The rules below focus on business-to-business transactions governed by Romanian law. They apply on top of the general contract-law regime: the Romanian Civil Code and, for commercial transactions, the specific late-payment law, Law 72/2013, based on EU Directive 2011/7 on combating late payment.

What can a Romanian creditor charge on a late invoice?

Penalty interest, plus a fixed €40 recovery compensation, plus enforceable recovery costs — and, if the contract says so, a daily contractual penalty. Penalty interest, the €40 minimum compensation and a contractual penalty do not require proof of actual loss. Additional recovery costs, however, must be substantiated. These rights accrue provided the creditor has performed its obligations and the delay is imputable to the debtor.

Romanian law gives a creditor who is not paid at maturity a right to moratory damages — penalty interest — running from the due date until payment, at the rate agreed in the contract or, absent agreement, at the statutory rate, without having to prove any loss (Civil Code, Article 1535). The debtor cannot defend by showing the creditor suffered a smaller loss.

Depending on the contract, the creditor may claim the applicable statutory or contractual late-payment interest or penalty, together with the €40 minimum compensation and recoverable collection costs. Whether a contractual late-payment penalty may be cumulated with another form of moratory damages depends on the drafting and legal nature of the contractual remedies.

  1. Statutory or contractual penalty interest — at the rate agreed by the parties or, absent agreement, the statutory penalty interest at the reference rate plus 8 percentage points for professional relations, applied for each semester on the rate in force at the start of that semester (Law 72/2013, Article 4, read with OG 13/2011, Article 3).
  2. Fixed minimum compensation of €40 — a flat amount of recovery damages, payable in lei at the exchange rate on the payment date, in addition to the interest (Law 72/2013, Article 10).
  3. Substantiated recovery costs — collection expenses actually incurred and established can be claimed as damages (Law 72/2013, Article 9).
  4. Contractual penalty clause — a pre-agreed per-day penalty, enforceable without proof of loss (Civil Code, Article 1538), subject to the statutory reduction grounds in Civil Code, Article 1541. Whether it may be cumulated with other moratory damages depends on the contract’s drafting.

Risk: A creditor who ignores the interest route and waits silently may still recover the principal, but documentation matters. If the debtor later disputes the amount, the creditor must show when each sum became due. Keep invoices, delivery or acceptance evidence and the calculation of interest from maturity.

When is a payment legally late?

At the contractual due date, or generally 30 calendar days after the debtor receives the invoice when no term was agreed. In B2B contracts, an agreed payment term longer than 60 days is valid only if it is not abusive (grossly unfair) to the creditor.

The starting point is the term agreed in the contract. The parties may choose the payment date, subject to an important limit in business relations: the contractual payment term cannot exceed 60 calendar days, and a longer term is permitted only if the clause is not abusive under Law 72/2013, Article 5.

When the contract is silent, Law 72/2013, Article 3 fixes the moment from which penalty interest runs. For a professional creditor, interest runs after 30 calendar days from receipt by the debtor of the invoice or of any equivalent payment request. Where the date of receipt is uncertain or the invoice is received before the goods or services, the law uses the date of delivery of the goods or performance of the services as the reference point.

For money obligations assumed in the exercise of an undertaking’s activity, the debtor is in delay by operation of law: interest begins to run at maturity without any formal demand or notification (Civil Code, Article 1523). A written reminder still matters — it creates evidence of the claim and of the date from which the debtor was asked to pay, which becomes relevant in litigation.

These rights accrue only where the statutory conditions are met: in particular, the creditor and its subcontractors must have performed their contractual obligations, and the delay must be imputable to the debtor. The debtor must not have paid the amount due at maturity and must be unable to show that the delay is not attributable to it (Law 72/2013, Article 3(1)).

SituationInterest startsBasis
Payment term agreed in the contractOn the day after the contractual due date, generally without a formal demandCivil Code Art. 1535; Art. 1523 (enterprise money obligations)
No payment term agreed (B2B)30 calendar days after the debtor receives the invoice or equivalent payment requestLaw 72/2013, Art. 3(3)
Invoice received before delivery of goods or services30 calendar days after delivery or performanceLaw 72/2013, Art. 3(3)
Debtor is a public authorityGenerally 30 days; exceptionally up to 60 days where expressly stipulated and objectively justified; public healthcare institutions: maximum 60 daysLaw 72/2013, Art. 6–7

For public authorities, the general legal payment term is 30 calendar days. Exceptionally, the parties may stipulate a term of up to 60 calendar days if it is set out expressly in the contract and in the procurement documentation and is objectively justified by the nature or the specific characteristics of the contract (Law 72/2013, Article 7). For public healthcare institutions and public entities providing medical services, the legal payment term is capped at 60 calendar days (Law 72/2013, Article 6(4)).

The parties cannot contract around the invoice date itself: any clause fixing a term for issuing or receiving the invoice is absolutely void (Law 72/2013, Article 5(3)).

How is the interest rate calculated?

Parties may agree their own rate or penalty, but in transactions governed by Law 72/2013 a clause that excludes late-payment interest or sets it below the statutory penalty interest is treated as abusive. Absent an agreement, the statutory penalty interest in professional relations is set at the reference rate plus 8 percentage points per year.

  • Agreed rate or penalty clause. The contract may set a specific annual interest rate or a per-day penalty, for example 0.1% or 0.5% per day. Such clauses are valid and enforceable without proof of loss, subject to reduction by a court on the statutory grounds under Civil Code Article 1541. In transactions governed by Law 72/2013, a clause that excludes late-payment interest or sets it below the statutory penalty-interest level is treated as abusive under Article 14(a).
  • Statutory rate. If the parties did not agree a rate, Law 72/2013, Article 4 applies the statutory penalty interest calculated under Article 3 of OG 13/2011. For professional relations, the rate is the reference rate plus 8 percentage points, with the rate in force on the first calendar day of each semester applying for the whole semester.

The BNR reference rate in force on 1 July 2026 was 6.50%. Accordingly, the statutory B2B penalty interest applicable throughout the second semester of 2026 is 14.50% per annum. Because the reference rate moves, always confirm the rate currently in force on the National Bank of Romania website before relying on a figure.

Tip: For recurring commercial relationships, agree the interest or penalty rate in the contract. A clearly drafted penalty clause removes any argument about which statutory rate applies and creates a strong, predictable claim on each overdue invoice.

The €40 flat compensation and recovery costs

In B2B relations, a creditor is entitled to a flat minimum compensation of €40 per late payment, in addition to the applicable late-payment interest or penalty and to the costs of any enforcement procedure.

Law 72/2013, Article 10 gives the creditor the right to demand, when the conditions for late payment are met, the equivalent in lei at the exchange rate on the payment date of €40, representing flat-rate minimum damages for the costs of recovering the claim. The obligation to pay this amount matures at the same time as penalty interest starts running.

This flat amount is additional to the applicable late-payment interest or penalty and to the costs of any subsequent enforcement procedure. CJEU case law confirms that the fixed €40 minimum is payable for each commercial transaction not paid on time and evidenced by an invoice or an equivalent payment request, even where several invoices are pursued in a single claim (Case C-585/20, BFF Finance Iberia). Where a single contract provides for successive supplies or services subject to separate payment deadlines, the €40 minimum is payable for each late payment (Case C-419/21).

On top of the €40, Article 9 allows the creditor to claim recovery expenses actually incurred and established. By contrast, the €40 itself does not require proof of loss and remains the simplest element to assert on each unpaid invoice.

Which payment terms are valid — and which clauses are void?

A B2B payment term is capped at 60 days unless a longer term is not abusive. Clauses postponing the start of interest, requiring a formal demand before interest runs, or excluding penalty interest or recovery compensation are unenforceable.

Law 72/2013, Article 12 establishes the general test: a clause or practice is abusive where it creates, in a grossly unfair way (“vădit inechitabil”), rights and obligations significantly unbalanced to the creditor’s detriment. Article 13 sets the criteria a court considers, including serious deviation from established good practice, absence of objective reasons for derogating from the statutory payment terms or interest rate, and the counterparty’s dominant position towards an SME. Article 14 identifies clauses deemed abusive by law, without need for further assessment, and Article 15 sanctions abusive clauses by absolute nullity.

Clauses of the following type are deemed abusive by law and are therefore absolutely null under Law 72/2013, Articles 14 and 15:

  • clauses excluding penalty interest or setting it below the statutory penalty interest;
  • clauses fixing a moment for the interest to start later than the statutory moment;
  • clauses making interest depend on a formal putting-in-delay even though the debtor is in delay by operation of law;
  • in contracts between professionals and public authorities, a payment term exceeding what Article 7(1) allows when the exceptional conditions are not met;
  • clauses excluding the possibility of additional damages.

Mistake: relying on a 90-day payment term “because the client insisted”

In B2B contracts a term beyond 60 days is only valid if it is not abusive. A term imposed by the larger counterparty without objective justification is exposed to challenge and will not stop the statutory interest from running.

Mistake: waiting for a formal demand before recognising interest

For enterprise money obligations, delay arises by operation of law. The claim for interest starts at maturity. The creditor does not first have to send a formal notification.

Mistake: writing “0% interest” into the contract to keep the client happy

A clause that excludes penalty interest altogether is unenforceable against a professional creditor and can be disregarded. The statutory interest will still apply.

How to recover an unpaid invoice in Romania: the practical route

The route runs from a written demand, through the payment-order procedure for certain, liquid and due contractual claims, to court judgment and enforcement. Most commercial claims follow these steps, but timing, documents and evidence requirements should be checked against the specific contract before acting.

Documents illustrating the recovery of an unpaid invoice through demand, court proceedings and enforcement in Romania

Recovering an unpaid invoice normally progresses from a documented demand to court proceedings and, where necessary, enforcement.

  1. Commercial reminder. Send a payment request identifying the invoice, due date and interest accruing. Even where delay is automatic, this creates documentary evidence and often resolves the matter.
  2. Statutory summons. Before filing under the payment-order procedure, the creditor must serve a formal summons under Article 1015 of the Code of Civil Procedure through a judicial executor or by registered letter with declared contents and acknowledgment of receipt, granting 15 days to pay.
  3. Court action. If the debtor contests the claim or amount, recover through ordinary court proceedings for the principal, interest and costs.
  4. Enforcement. Once the creditor holds an enforceable title, a judicial executor can attach bank accounts, receivables or other debtor assets.

Risk: The payment-order procedure is not a substitute for litigation when determining the debtor’s defence requires evidentiary administration incompatible with the summary nature of the procedure. The claim must concern a certain, liquid and due contractual obligation established within the documentary framework. Otherwise, the creditor may have to pursue the claim through ordinary proceedings.

Which route fits which situation?

RouteBest forKey document or conditionMain business consideration
Written demand plus statutory interestOverdue but still cooperative counterpartiesInvoice, contract and evidence of deliveryPreserves the relationship while demonstrating the claim
Payment-order procedureCertain, liquid and due contractual claims for a sum of moneyWritten evidence establishing the contractual claim and proof of the mandatory Article 1015 summonsFaster track for clear claims; genuine disputes may derail it
Ordinary court actionDisputed liability, quantum or set-off argumentsFull evidence of the relationship, delivery and defaultLonger timeline; costs can include interest and fees
Enforcement by judicial executorDebtor with assets who does not pay voluntarilyEnforceable title, such as a payment order or judgmentAttachments and garnishment become available

The payment-order and enforcement rules are contained in the Romanian Code of Civil Procedure. Our dedicated guide to the payment ordinance procedure in Romania explains the conditions and required documents. The broader debt recovery in Romania guide covers the complete collection strategy.

Illustrative scenarios

No penalty clause in the contract

A Romanian buyer does not pay a 30-day invoice of €10,000. Because the money obligation was assumed in a business activity, interest runs from maturity without a formal demand at the statutory B2B rate, and the €40 flat compensation applies. The supplier can demand the principal, interest and the €40 in one written request.

Contract with a 0.5% daily penalty

The parties agreed a daily penalty of 0.5% of the unpaid amount. On a disputed invoice, the creditor can claim the contractual penalty without proving any loss under Civil Code Article 1538. A court may reduce the penalty only on statutory grounds, such as partial beneficial performance or a penalty that is manifestly excessive compared with the foreseeable loss.

Debtor contests the invoice

The debtor claims the services were defective and refuses payment. Because the claim is genuinely disputed, the payment-order route may not resolve the matter. The supplier should prepare evidence of performance and acceptance and assess ordinary litigation against the amount at stake.

How to protect your position before and after maturity

The strongest position starts before the invoice is issued. Interest and penalties are easier to claim when the contract supports them and the documentation confirms what was delivered, when it was delivered and for which price.

  1. Set a compliant payment term. Align the due date with Law 72/2013, generally up to 60 days in B2B transactions, and state it clearly in the contract.
  2. Agree a penalty or interest rate. Include a per-day penalty clause or an agreed annual interest rate so there is no argument about the statutory rate.
  3. Invoice promptly and completely. Issue the invoice with an unambiguous due date and complete references to the contract and delivery documents.
  4. Confirm receipt and delivery. Keep signed delivery notes, acceptance records or other evidence that the goods or services were provided.
  5. Send a written reminder at maturity. Restate the amount, due date, interest formula and €40 compensation. This becomes part of the evidence supporting the claim.
  6. Calculate interest from the correct date. Use the contractual due date or the applicable 30-day statutory threshold, with the semester rate in force at the start of each semester.
  7. Assess the payment-order procedure early. For a certain, liquid and due contractual claim established through documentary evidence, consider the faster procedure rather than waiting while interest and costs accumulate.
  8. Preserve the enforcement option. If payment does not follow, instruct counsel or a judicial executor before the debtor transfers assets.

The Bottom Line

Late payment in Romania is not merely a collections nuisance. It is a regulated event that gives the creditor a defined set of remedies. A professional creditor can claim the applicable statutory or contractual late-payment interest or penalty, the €40 minimum compensation and substantiated recovery costs. Late-payment interest or a contractual penalty and the €40 minimum compensation do not require proof of actual loss, while additional recovery costs must be established. Getting the payment terms, penalty clause and paper trail right from the beginning converts an overdue invoice into a clearly quantified claim that can be pursued through the payment-order procedure or the ordinary courts.

Frequently asked questions

Do I have to send a formal notice before interest starts running?

For money obligations assumed in the exercise of an undertaking’s activity, the debtor is in delay by operation of law and interest runs from maturity without a formal demand. A written reminder is still advisable as evidence and may be required for other remedies.

What is the statutory interest rate for late payment in Romania?

In professional relations, it is the reference rate plus 8 percentage points per year. With the reference rate at 6.5%, that is approximately 14.5% per annum. Confirm the current reference rate published by the National Bank of Romania before relying on a figure.

Is the €40 compensation automatic?

In B2B relations, yes. When the conditions for late payment are met, the creditor may demand the lei equivalent of €40 as flat-rate minimum recovery damages, in addition to penalty interest and enforcement costs.

Can we agree a payment term longer than 60 days?

Only if the clause is not abusive or grossly unfair to the creditor. A longer term imposed without objective justification is exposed to challenge. Clauses fixing the invoice issue or receipt date are absolutely void.

Are contractual penalty clauses enforceable without proof of loss?

Yes. A penalty clause entitles the creditor to the agreed amount without proving any loss. A court may reduce the penalty only in limited statutory circumstances, including where the penalty is manifestly excessive compared with the foreseeable loss.

Does late payment allow the creditor to terminate the contract?

Non-performance can give rise to termination rights where the statutory conditions are met. Termination is assessed separately from the interest claim and carries its own consequences, so it should be considered with counsel before being used.

Disclaimer: This article provides general legal information about Romanian and EU late-payment rules and does not constitute legal or tax advice. Interest rates, deadlines and remedies depend on the contract, the parties’ status and the specific facts. Figures such as the reference rate change over time.

AI Notice: AI-assisted content, reviewed and approved by a qualified Romanian lawyer.

Debt recovery in Romania through payment order, court action and enforcement

Debt Recovery in Romania: 3 Legal Routes

Debt recovery in Romania is not a choice between three interchangeable remedies. The right route depends on what the creditor can prove, how the debtor responds and whether an enforceable title already exists.

Documents and calculator illustrating commercial debt recovery in Romania
Commercial debt recovery in Romania: documents, calculations and the route from claim to enforcement.

A clear invoice supported by a contract and proof of delivery may fit the payment-order procedure. A claim involving defective performance, disputed quantities, damages or set-off may require ordinary litigation. A judgment or another enforceable instrument moves the matter into enforcement, where the decisive question becomes whether the debtor has reachable assets.

This guide focuses on commercial money claims involving Romanian debtors or Romanian proceedings. It should be read together with the rules on late-payment interest and recovery costs in Romania.

Play
Video overview of the practical debt-recovery routes discussed in this guide.

Which debt recovery route should a creditor use in Romania?

Use a payment order for a documented contractual debt that is certain, liquid and due. Use ordinary court proceedings when the dispute needs broader evidence or a full examination of liability. Start enforcement only when an enforceable title already exists.
Route selector
Match the claim to the legal route

Choose the description that best matches the file. The result is a starting point, not a substitute for reviewing the documents and possible defences.

Consider the payment-order procedure

Where a contractual money claim is certain, liquid and due and the essential facts can be established from documents, Articles 1014 to 1025 of the Code of Civil Procedure provide a focused recovery route.

Route matrixChoose by claim profile
RouteBest suited toWhat the creditor needsPrincipal limitation
Negotiated paymentCommercially viable debtor who accepts the debtReconciled amount, written acknowledgment, realistic schedule and default consequencesA weak settlement can merely delay action and may not provide an enforceable title
Payment orderCertain, liquid and due contractual money claimWritten contractual basis, proof of performance, due date, calculation and Article 1015 summonsUnsuitable where the defence requires evidence beyond the summary documentary framework
Ordinary court actionDisputed liability, performance, amount, damages or set-offComplete factual and evidential case, jurisdiction analysis and properly quantified reliefUsually slower and subject to a value-based court fee
Small-claims procedureEligible claims not exceeding RON 50,000 at filingClaim within the statutory scope and a file suitable for the mainly written procedureExclusions apply and the procedure may not fit evidence-heavy disputes
EnforcementCreditor already holding an enforceable titleValid title, enforceable amount and timely application to a competent judicial executorA title does not create assets; recovery depends on what can lawfully be traced and attached

What should be checked before any recovery action?

The first legal question is whether the claimed amount is actually due. The invoice is important, but it rarely proves the entire case by itself. The underlying agreement, order, delivery or service records, acceptance documents, correspondence, account statements and payment history should be read together.

The creditor should also confirm the correct debtor, corporate identity, contractual notice method, governing law, jurisdiction or arbitration clause, due date, interest basis, limitation position and any security or guarantee. A focused review of the underlying Romanian contract can expose a jurisdiction clause, acceptance mechanism or liability provision that changes the recovery strategy.

Evidence map
What makes a commercial debt file stronger?

Select an evidence category to see what it should establish.

Prove the source of the obligation

The signed agreement, accepted order, framework contract and incorporated terms should identify the parties, the promised performance, the price and the payment mechanism.

Evidence fileWhat each document must prove
Document or factWhat it should proveTypical weakness to address
Contract, order and termsIdentity, scope, price, payment date, notices, law and forumUnsigned annexes, inconsistent entities or terms incorporated without proof
Invoice and calculationPrincipal amount, currency, VAT treatment, due date and credit notesInvoice differs from the contractual price or omits agreed milestones
Delivery or performance evidenceGoods delivered or services performed in the agreed mannerNo signed receipt, acceptance document or contemporaneous service record
Debtor correspondenceAcceptance, objections, promises, acknowledgment or proposed instalmentsCommercial discussions are treated as an admission when they remain conditional
Payments and reconciliationOutstanding balance after partial payments, credits and set-offClaim does not reflect payments or reciprocal amounts
Guarantees and securityAdditional debtor, collateral, promissory note or other recovery sourceFormalities, expiry, scope or enforcement conditions were not checked

Is a formal payment demand required before filing?

A documented demand is advisable in almost every commercial file. For the Romanian payment-order procedure, Article 1015 requires a specific summons giving the debtor 15 days to pay and served through a judicial executor or by registered letter with declared contents and acknowledgment of receipt.

The Article 1015 summons is not the same as an informal reminder. It should identify the agreement, principal, accessories, due date and payment account clearly. Proof of compliant service belongs in the court file. The statutory summons also has consequences for limitation under the payment-order rules.

A contract may impose an additional notice mechanism, address or cure period. The creditor should satisfy both the statutory requirement and any relevant contractual provision rather than assume one automatically replaces the other.

Response map
What does the debtor’s response change?

Choose the response received after the demand.

Test both procedure and recoverability

Silence may support moving forward, but it does not prove that the debtor has assets or that no defence will appear after filing. Review the documents and financial warning signs before choosing the route.

When is the Romanian payment-order procedure appropriate?

The payment-order procedure under Articles 1014 to 1025 of the Romanian Code of Civil Procedure applies to certain, liquid and due claims for payment of money arising from a civil contract and established through the documentary framework required by law. Commercial invoice claims commonly fit this structure when the underlying performance and amount are not genuinely in dispute.

“Certain” concerns the existence of the debt, “liquid” means the amount is determined or determinable, and “due” means the payment date has passed. These conditions must be established, not merely asserted. A debtor may contest the contractual basis, authority, delivery, acceptance, price, due date, payment, set-off or limitation.

What happens if the debtor raises a defence?

The existence of a defence does not automatically defeat the application. The court examines the documents and the parties’ explanations. It may reject the request if the debtor’s defence is well founded or if resolving the defence requires evidence that is admissible in ordinary proceedings but falls outside the payment-order framework. If the claim is established, the court may issue the payment order for the full amount or only for the part proved within the special procedure.

Rejection on either ground regulated by Article 1021 does not prevent the creditor from bringing an ordinary claim. If the court issues a payment order for only part of the claim, the creditor may use ordinary proceedings for the remainder. The Code also sets a procedural objective of issuing the order within 45 days from filing, but periods needed for service and delays attributable to the creditor are excluded. Actual duration depends on service, court workload, objections and the individual file.

Can the payment order be challenged?

The debtor may file an application for annulment within 10 days from communication of the payment order. Article 1024(2) also gives the creditor a narrowly defined annulment application against the rejection orders referred to in Article 1021(1)-(2) and against a payment order admitting only part of the claim. This limited remedy should be distinguished from the creditor’s separate right to bring ordinary proceedings after rejection or for the remainder not granted. The annulment application is not a general substitute for a full ordinary claim. The payment order remains enforceable while an annulment application is pending, although the debtor may request suspension subject to the statutory conditions and security.

When is an ordinary court action the better route?

Ordinary proceedings are usually the safer choice when the court must determine contested performance, contractual interpretation, defects, damages, causation, set-off or another issue requiring broader evidence.

Unlike the payment-order procedure, ordinary litigation can accommodate a fuller evidential process, including documents, witness evidence, party examination and expert evidence where admissible and relevant. This makes it better suited to construction, technology, professional services and supply disputes in which the unpaid invoice is only one part of a wider conflict. For broader procedural context, see our overview of the Romanian litigation process and court proceedings.

The claim should identify the legal basis and quantify principal, interest, contractual penalties and recoverable costs separately. Material jurisdiction is determined under the procedural law applicable when the proceedings are commenced. Claim value is only one criterion: the nature of the dispute, the relief sought and any special jurisdiction rules may displace the general allocation between district courts and tribunals. The competent court should therefore be verified against the claim as framed and the law applicable when the claim is registered with the court. Contractual arbitration clauses must also be checked before filing in a state court.

Ordinary court fees are normally calculated by reference to claim value under Government Emergency Ordinance no. 80/2013. The payment-order application has a fixed RON 200 court fee. Additional costs may include translations, experts, service, lawyer fees and enforcement advances. Recoverability of costs depends on the outcome, proof and the court’s assessment.

Can the small-claims procedure be used instead?

For eligible claims not exceeding RON 50,000 at the date of filing, the claimant may consider the Romanian small-claims procedure under Articles 1026 to 1033 of the Code of Civil Procedure. The threshold was increased to RON 50,000 by Law no. 57/2025. Interest, costs and other accessories are excluded when calculating the threshold.

The procedure is mainly written and uses standard forms, but statutory exclusions apply. It should not be treated as a smaller version of the payment order. A small claim may be disputed and still fit the procedure, while a payment-order claim is assessed against the special requirements for a certain, liquid and due contractual debt.

When can a creditor start enforcement in Romania?

Enforcement begins only when the creditor holds an enforceable title and the obligation is enforceable. The creditor applies to a competent judicial executor, who seeks court approval and uses the lawful method suited to the debtor’s assets.

An invoice, demand or favourable legal opinion is not by itself an enforceable title. A payment order, final or otherwise enforceable judgment, arbitral award, notarised instrument or another document given enforceable force by law may support enforcement, subject to its terms and any applicable formalities.

Possible methods include garnishment of bank accounts and third-party receivables, seizure and sale of movable property, enforcement against real estate and measures against security or guarantors where the title permits. The creditor should coordinate the title, outstanding calculation and asset information with the judicial executor. The European e-Justice Portal guidance on enforcing a court decision in Romania provides an official procedural overview.

Asset map
Where can enforcement produce value?

Select an asset category to review the practical control.

Garnishment may reach current and future funds

Bank-account garnishment can target the available credit balance and, subject to legal limits and exceptions, future incoming amounts. Speed matters where several creditors are competing.

Deadline radarTrigger, period and review point
IssueGeneral ruleWhy individual review matters
Article 1015 summonsGive the debtor 15 days to pay before filing the payment-order applicationService method and proof must meet the statutory requirements
Payment-order targetThe Code provides a 45-day target, excluding service time and creditor-caused delayIt is not a guaranteed completion date
Annulment applicationGenerally 10 days from communication in the situations regulated by Article 1024The party, decision and communication date must be checked
Limitation of the underlying claimOften three years from when the right of action aroseSpecial periods, suspension, interruption and contractual facts may change the analysis
Enforcement limitationGenerally three years from when the right to obtain enforcement arose; for judgments and arbitral awards, from finalitySpecial ten-year treatment applies to titles concerning rights in rem, and interruption rules matter
Enforcement challengeOften 15 days from the statutory triggering eventDifferent acts and grounds can produce different starting points
Creditor’s petition to open insolvency proceedings against the debtorClaim generally must exceed RON 50,000 and be unpaid for more than 60 daysInsolvency is a collective remedy and requires proof of the statutory conditions

Can the debtor challenge enforcement?

Yes. A debtor or another interested person may file an enforcement challenge on the grounds permitted by the Code. The ordinary period is often 15 days, but its start depends on the act challenged, knowledge of enforcement and the procedural situation. A challenge does not automatically mean the underlying debt never existed; it may concern the title, limitation, amounts, service, court approval or a specific enforcement act.

The general limitation period for obtaining enforcement is three years under Article 706 of the Code of Civil Procedure, unless the law provides otherwise. For court judgments and arbitral awards, it normally runs from finality. Acts of enforcement and other statutory events can interrupt the period.

What changes if the Romanian debtor is insolvent?

When insolvency proceedings open, Article 75 of Law no. 85/2014 generally suspends individual judicial, extrajudicial and enforcement measures for recovering claims against the debtor’s estate. The creditor must usually pursue the claim within the collective insolvency procedure and observe the deadline for filing its proof of debt. This general stay is subject to statutory exceptions, including certain proceedings against co-debtors or third-party guarantors, claims arising after the opening of insolvency and specific rules concerning secured funds or amounts already affected by enforcement. The position of secured creditors, including priority, distributions and any available relief from the stay, requires separate analysis under the insolvency legislation.

A creditor may apply to open insolvency if its claim satisfies the statutory requirements, including the RON 50,000 threshold and the presumption associated with a debt unpaid for more than 60 days. Insolvency should not be used merely as pressure where the debt is genuinely disputed or the statutory conditions are absent. It changes the recovery forum and priority structure rather than guaranteeing payment.

Security interests, guarantees, co-debtors and transactions concluded before insolvency require separate analysis. The opening of insolvency against the principal debtor does not necessarily eliminate every route against a guarantor or co-debtor. Our guide on Romanian company director liability explains why corporate debt and personal liability must not be treated as the same claim.

What interest and recovery costs can be claimed?

The creditor should distinguish principal, contractual penalty, statutory penalty interest, the EUR 40 minimum compensation and documented additional recovery costs. For qualifying B2B transactions, Law no. 72/2013 and Government Ordinance no. 13/2011 regulate statutory late-payment interest. Where Law no. 72/2013 applies and the parties have not agreed the level of late-payment interest, the legal penalty rate is the National Bank of Romania reference rate plus eight percentage points.

The EUR 40 minimum compensation under Law no. 72/2013 becomes due when the statutory conditions for late-payment interest are met. Additional recovery expenses must be substantiated. Contractual penalties require separate review under the Civil Code, including the court’s statutory power to reduce a manifestly excessive penalty in the circumstances allowed by law.

Recovery economicsAmounts, treatment and control
ItemHow it is treatedPractical control
PrincipalClaimed under the contract or other legal basisReconcile invoices, credits, partial payments and set-off before filing
Contractual penaltyDepends on valid contractual wording and Civil Code rulesCalculate transparently and test reduction risk
Statutory B2B interestReference rate plus eight percentage points where the statutory regime appliesUse the correct rate for each relevant semester
EUR 40 compensationMinimum additional compensation under Law no. 72/2013 when its conditions are metClaim separately and avoid presenting it as a substitute for all other costs
Court feeRON 200 for a payment-order request; ordinary claims are generally value-basedConfirm current fee and relief before filing
Lawyer, expert and translation costsMay be requested as litigation costs subject to proof and judicial assessmentKeep invoices, payment evidence and proportionality in view
Enforcement costsAdvanced through the enforcement process and allocated under the applicable rulesCompare expected asset value with the recovery budget

How do cross-border creditors recover Romanian debts?

A foreign creditor should first determine jurisdiction, governing law, service method and the place where assets are located. A Romanian proceeding may be appropriate when the debtor or assets are in Romania, but a valid jurisdiction or arbitration clause can change the route.

For qualifying uncontested cross-border pecuniary claims within the EU, Regulation (EC) no. 1896/2006 establishing a European order for payment may provide an alternative to the national payment-order procedure. Regulation (EU) no. 655/2014 may assist with a European Account Preservation Order in qualifying cross-border cases. Neither instrument replaces the need to establish jurisdiction, service and substantive entitlement.

Recognition and enforcement of judgments also depend on the country of origin and the applicable treaty or EU regulation. Our guide to the recognition and enforcement of foreign judgments in Romania explains that separate stage, while the guide to cross-border debt collection in Romania provides additional procedural context. The specific instrument should always be verified against the current parties and claim.

Common mistakes that weaken debt recovery

  • Treating the invoice as the complete case. The creditor still needs the legal basis, performance evidence, maturity and a correct calculation.
  • Using the payment order for an evidence-heavy dispute. A summary procedure cannot replace full litigation merely because the creditor wants speed.
  • Ignoring the contract’s forum and notice clauses. Filing in the wrong court or serving the wrong address can cause delay and cost.
  • Allowing limitation to drift. Commercial discussions do not always suspend or interrupt time. Each acknowledgment, notice and procedural step must be analysed legally.
  • Accepting informal instalments without protection. A settlement should state the admitted amount, schedule, interest, default consequences, security and costs.
  • Waiting until assets disappear. Litigation strategy should be coordinated with recoverability and lawful protective measures.
  • Confusing company debt with director liability. A director is not automatically personally liable for every unpaid company invoice.
  • Continuing individual enforcement after insolvency opens. The creditor may need to file in the insolvency proceedings instead.

A practical creditor checklist

  1. Identify the exact debtor, contractual basis, currency and outstanding balance.
  2. Collect the contract, orders, invoices, delivery records, acceptance evidence and correspondence.
  3. Check governing law, jurisdiction, arbitration, notice and limitation.
  4. Calculate principal, interest, penalties, EUR 40 compensation and documented costs separately.
  5. Review debtor objections, payments, set-off and any counterclaim.
  6. Assess assets, security, guarantors and insolvency indicators.
  7. Serve the correct commercial and statutory demand.
  8. Choose payment order, ordinary claim, small claims, settlement or insolvency participation deliberately.
  9. Prepare for enforcement before judgment rather than after assets have disappeared.
  10. Maintain one chronological file with originals, service records and calculations.

The Bottom Line

Debt recovery in Romania works best when procedure follows evidence. A payment order can be effective for a clear contractual money claim, but it is not a shortcut around a genuine dispute. Ordinary court proceedings provide the broader evidential framework required for contested cases. Enforcement comes after title and depends on identifiable assets, while insolvency can redirect the entire claim into a collective process.

For Romanian companies managing receivables, the earlier unpaid invoices guide for Romanian SRLs explains the operational starting point. Businesses can also reduce future disputes by strengthening the payment, acceptance, security and dispute clauses in their commercial contracts governed by Romanian law.

Frequently Asked Questions

What is the fastest procedure for debt recovery in Romania?

The payment-order procedure can be faster for a certain, liquid and due contractual money claim supported by documents. It is not automatically the best route when liability, performance or amount is genuinely disputed. The statutory timetable also excludes service time and delays attributable to the creditor.

Is an unpaid invoice enough to obtain a Romanian payment order?

Not necessarily. The creditor should prove the contractual basis, its own performance, the due date and the amount. A signed contract, accepted order, delivery record, acceptance document, account reconciliation and debtor correspondence may be important. The invoice should be read as part of the whole transaction file.

Must the creditor send a 15-day notice before applying for a payment order?

Yes. Article 1015 of the Code of Civil Procedure requires a summons giving the debtor 15 days to pay, served through a judicial executor or by registered letter with declared contents and acknowledgment of receipt. The creditor should retain compliant proof of service.

Can a Romanian payment order be enforced while it is challenged?

The payment order is enforceable even if an application for annulment is filed. The debtor may request suspension under the statutory conditions, which include the security required by law. The exact order and procedural status should be reviewed before enforcement begins.

How long is the limitation period for a commercial debt in Romania?

The general limitation period is often three years from the date on which the right of action arose, but special periods and rules on commencement, suspension and interruption may apply. The separate right to obtain enforcement is also generally subject to a three-year period under Article 706, calculated according to the type of title.

Can a creditor claim interest and the EUR 40 recovery compensation?

For transactions falling within Law no. 72/2013, the creditor may claim the applicable late-payment interest and the minimum EUR 40 compensation when the statutory conditions are met. Documented additional recovery costs may also be claimed. Contractual penalties and statutory interest require a careful calculation to avoid duplication or overstatement.

What happens to enforcement if the debtor enters insolvency?

Once insolvency proceedings open, individual judicial, extrajudicial and enforcement measures for recovering claims against the debtor’s estate are generally suspended under Article 75 of Law no. 85/2014. The creditor normally needs to file its claim in the insolvency proceedings within the applicable deadline.

Need to recover or defend a commercial debt in Romania?

Atrium Romanian Lawyers assists creditors and debtors with claim analysis, payment demands, payment-order proceedings, commercial litigation, settlement, insolvency-related claims and enforcement coordination.

AI Notice: AI-assisted content, reviewed and approved by a qualified Romanian lawyer.