Quick answers
How long does a Romanian payment order take?
The law sets no fixed total duration; it depends on the court and on the debtor's defence. Before applying, the creditor must give the debtor 15 days to pay through a summons. The court then decides in a simplified procedure and sets a payment deadline in the order.
How long does a debtor have to oppose a European Order for Payment?
30 days from service. If no opposition is lodged, the court declares the order enforceable and it is enforced in other Member States without a declaration of enforceability.
Can I use a payment order against a Romanian company?
Yes, for money claims that are certain, liquid and due, arising from a contract or another document (Code of Civil Procedure, arts. 1014–1025). If the debtor is insolvent, file the claim in the insolvency case instead.
In short
- The Romanian payment order (ordonanța de plată) is regulated by the Code of Civil Procedure, arts. 1014–1025, for certain, liquid and due money claims arising from a contract or a document.
- Before applying, the creditor must send the debtor a summons to pay within 15 days.
- The European Order for Payment (Regulation (EC) No 1896/2006) applies to cross-border money claims in civil and commercial matters, uses standard forms and has no upper amount limit.
- Under the European procedure the debtor has 30 days from service to lodge a statement of opposition; if no opposition is lodged, the order is enforceable in the other Member States without exequatur.
Three steps
1. Check the claim
Confirm the claim is a money claim that is certain, liquid and due, backed by documents.
2. Choose the route
Domestic payment order, European Order for Payment, European Small Claims or an ordinary action.
3. Enforce
Once final or enforceable, the order is enforced by a court enforcement officer against the debtor's assets.
In detail
Romanian payment order: conditions
The payment order procedure in arts. 1014–1025 of the Code of Civil Procedure applies to money claims that are certain, liquid and due, arising from a contract, a statute, a regulation or another document.
Before going to court, the creditor sends the debtor a summons to pay within 15 days, through a court enforcement officer or by registered letter with acknowledgement of receipt.
The application is then filed with the competent court, with the documents proving the claim and proof that the summons was communicated.
Romanian payment order: what the court does
The court reviews the documents and hears the parties in a simplified procedure. If the claim meets the conditions, it issues a payment order with a payment deadline.
If the debtor's defence requires a full trial, the application may be rejected; the creditor can then bring an ordinary action.
The debtor may challenge the payment order by an application for annulment, within the term set by the Code.
European Order for Payment: conditions
Regulation (EC) No 1896/2006 applies to cross-border money claims in civil and commercial matters: at least one party is domiciled or habitually resident in a Member State other than that of the court.
The application uses standard form A and is filed with the court that has jurisdiction under EU rules. There is no upper amount limit.
The court examines the application on the basis of the form only and, if the conditions are met, issues the order.
European Order for Payment: opposition and enforcement
The debtor may lodge a statement of opposition within 30 days of service. Opposition moves the case to ordinary civil proceedings, unless the creditor has asked for the proceedings to end in that case.
If no opposition is lodged, the court declares the order enforceable. It is then enforced in other Member States without a declaration of enforceability.
Choosing between them
A creditor abroad with a clear, documented claim against a Romanian company may use either route; the choice depends on the evidence, the expected defence and how the creditor prefers to communicate with the court.
For claims up to EUR 5,000, the European Small Claims Procedure is a further option. For Romanian domestic small claims, see the debt-collection page.
Whatever the route, check the debtor's insolvency status first.
Documents to prepare
- Contract or document from which the claim arises
- Unpaid invoices and proof of delivery or acceptance
- Proof that the summons to pay was communicated (Romanian payment order)
- Standard form A completed in full (European Order for Payment)
- Debtor identification: name, registration number, CUI and registered office
Related guides
Frequently asked questions
Official sources
- Romanian Code of Civil Procedure — consolidated text (Legislative Portal)
- Regulation (EC) No 1896/2006 — European Order for Payment — EUR-Lex
- European e-Justice Portal — European payment order
General legal information, not legal advice. Each situation requires individual review. Cabinet de Avocatură Pantilimon Rikhárd-Árpád, based in Târgu Mureș.