Question 1

How do I collect a debt from a Romanian company?

Accepted Answer

The process typically involves: 1) Sending a formal demand letter (notificare/somație), 2) Attempting negotiation for amicable settlement, 3) Filing a payment order (ordonanță de plată) for undisputed debts, or 4) Civil litigation for disputed claims. For EU creditors, the European Payment Order and European Small Claims Procedure are also available. We handle all steps on your behalf.

Question 2

What factors affect debt recovery success?

Accepted Answer

Key factors include: quality of documentation (contracts, invoices, delivery proof), debtor's solvency and asset availability, age of the debt (older debts have more challenges due to statute of limitations), and whether the debt is disputed. We provide honest assessment upfront to help you understand recovery prospects.

Question 3

What documents do I need to start debt recovery?

Accepted Answer

Essential documents include: original contract or order confirmation, invoices showing the debt, proof of delivery or service completion, any correspondence with the debtor, and payment history. For stronger cases, bank statements and signed acknowledgment of debt are helpful. We can work with translated copies initially, with originals required for court proceedings.

Question 4

What is the statute of limitations for debts in Romania?

Accepted Answer

The general limitation period is 3 years for commercial debts from the date payment was due. However, this can be interrupted by: debtor's acknowledgment, partial payment, or legal action. Some specific debts have different periods (e.g., tax claims, utility bills). It's crucial to act promptly - the closer to the limitation date, the more urgent recovery action becomes.

Question 5

How long does debt recovery take in Romania?

Accepted Answer

Timeline varies by method: Pre-litigation collection: 15-45 days. Payment order procedure: 30-60 days (for uncontested debts). Civil litigation: 6-18 months for first instance, plus 6-12 months if appealed. Enforcement: 30-180 days depending on debtor's assets. Many cases settle in the pre-litigation phase once professional legal action begins.

Question 6

What happens if the debtor has no assets?

Accepted Answer

If investigation reveals the debtor has no attachable assets, options include: 1) Waiting for improved financial situation (monitoring), 2) Personal liability of directors (for certain violations), 3) Initiating insolvency proceedings to access hidden assets, 4) Writing off the debt for tax purposes. We provide honest assessment upfront to avoid spending on unrecoverable claims.

Question 7

What if the Romanian debtor disputes the debt?

Accepted Answer

If the debtor contests the claim, we proceed to civil litigation. This involves: filing a statement of claim with supporting evidence, court hearings where both parties present arguments, expert witnesses if needed (e.g., for quality disputes), and court judgment. Strong case preparation is essential for disputed matters.

Question 8

Can you recover debts across EU borders?

Accepted Answer

Yes. EU creditors can use: the European Payment Order (for undisputed claims), the European Small Claims Procedure for smaller claims, direct enforcement of EU judgments under the Brussels I Recast Regulation, and the European Enforcement Order for uncontested claims.

Question 9

What is the European Payment Order and can I use it in Romania?

Accepted Answer

The European Payment Order is a simplified written procedure for uncontested cross-border money claims between EU Member States, set out in Regulation (EC) No 1896/2006. If the debtor does not oppose the order, it becomes enforceable in Romania without further recognition steps.

Question 10

Can I seize assets of a Romanian debtor?

Accepted Answer

After obtaining an enforceable title (for example a court judgment or a final payment order), forced execution is carried out by a court bailiff under the Romanian Code of Civil Procedure: bank account garnishment, salary garnishment, and seizure of movable or immovable assets.

Question 11

Do Romanian courts recognize foreign judgments for debt enforcement?

Accepted Answer

Judgments from other EU Member States are enforceable in Romania without an exequatur procedure under Regulation (EU) No 1215/2012 (Brussels I Recast). Judgments from non-EU countries need recognition and enforcement (exequatur) under Book VII of the Romanian Code of Civil Procedure, unless a treaty provides otherwise.

Question 12

What if my debtor files for insolvency?

Accepted Answer

If a debtor enters insolvency, we: 1) File your claim with the insolvency administrator within 45 days, 2) Represent you at creditors' meetings, 3) Challenge fraudulent transfers if applicable, 4) Pursue director liability for wrongful trading, 5) Maximize recovery from available assets. Secured creditors have priority over unsecured creditors in insolvency proceedings.

Debt Recovery in Romania

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