Debt Recovery in Romania

If someone in Romania owes you money, there are three court routes: the payment order (ordonanță de plată) for debts proven by documents, the small claims procedure (cerere de valoare redusă) for claims up to 50,000 lei, and an ordinary claim. The judgment is then enforced by a bailiff (executor judecătoresc). The general limitation period is three years.

What is the first step: the demand letter?

Before any court procedure, the debtor gets a formal demand. For the payment order it is compulsory: you send a demand (somație) through a bailiff or by registered letter with declared content and acknowledgment of receipt, giving 15 days to pay (art. 1.015 alin. (1) Codul de procedură civilă). The demand also interrupts the limitation period (art. 1.015 alin. (2)), and proof that it was sent must be attached to the application or the court rejects it as inadmissible (art. 1.017 alin. (2)). A demand on a lawyer’s letterhead often ends the matter.

How does the payment order (ordonanță de plată) work?

The payment order is for debts that are certain, liquid and due, arise from a civil contract and are proven by a document the debtor accepted, by signature or another means the law admits (art. 1.014 alin. (1)).

• It is filed at the court competent for the merits of the claim (art. 1.016): the first-instance court (Judecătoria) for claims up to 200,000 lei, the tribunal above that (art. 94 pct. 1 lit. k) and art. 95 pct. 1).
• The debtor is summoned and must file a defence at least 3 days before the hearing; silence can be treated as an admission (art. 1.019 alin. (3)).
• If the debtor’s defence is well founded, or needs evidence the procedure does not allow, the application is rejected and you bring an ordinary claim instead (art. 1.021).
• If the claim is well founded, the court issues the order with a payment term of 10 to 30 days (art. 1.022 alin. (3)). Where the debt is not contested, the order is issued within 45 days of filing (art. 1.023 alin. (1)).
• The debtor can ask for annulment within 10 days of receiving the order (art. 1.024 alin. (1)); the order is enforceable even while that request is pending (art. 1.025 alin. (1)).

The court stamp duty is fixed at 200 lei (art. 6 alin. (2) OUG 80/2013).

When should I use the small claims procedure (cerere de valoare redusă)?

When the debt is contested or not fully documented but the amount is modest. The procedure applies to claims up to 50,000 lei, excluding interest and costs (art. 1.026 alin. (1), threshold raised by Law no. 57/2025 from 15 May 2025); you can estimate the interest with the statutory interest calculator. It cannot be used for employment, inheritance or insolvency matters, and for tenancies only for money claims (art. 1.026 alin. (3)).

• You choose it; the ordinary procedure stays available (art. 1.027).
• The first-instance court (Judecătoria) decides (art. 1.028), on paper, in chambers (art. 1.030 alin. (1)); a hearing is called only if needed (art. 1.030 alin. (2)).
• The defendant has 30 days to answer on the form (art. 1.030 alin. (4)); the judgment follows within 30 days of the court having everything it needs (art. 1.031 alin. (1)) and is enforceable at once (art. 1.031 alin. (3)).
• Appeal to the tribunal within 30 days of service (art. 1.033 alin. (1)).

The stamp duty is 50 lei for claims up to 2,000 lei and 200 lei above that (art. 6 alin. (1) OUG 80/2013). My Romanian article on the small claims procedure goes deeper.

When do I need an ordinary claim?

When the amount is above 50,000 lei and the debt is disputed, or when the case needs witnesses and expert evidence. Claims up to 200,000 lei start at the Judecătoria, larger ones at the tribunal (art. 94 pct. 1 lit. k) and art. 95 pct. 1). The stamp duty is a percentage of the amount; the stamp duty calculator gives the figure.

How does enforcement through a bailiff work?

Enforcement needs an enforceable title (art. 632 alin. (1)): a judgment, a payment order, or a document the law makes enforceable on its own, such as a notarial deed or a lease registered with the tax office (art. 632 alin. (2), art. 638; art. 1.798 Codul civil).

1. You file the application with a bailiff, attaching the title (art. 664).
2. Within 3 days the bailiff asks the enforcement court to approve the enforcement; the court decides within 7 days, without summoning the parties (art. 666).
3. The debtor receives the approval, the title and a summons to pay (art. 667).
4. The bailiff garnishes bank accounts and salary or seizes and sells assets. Salary and similar income can be garnished up to one third of net monthly income for ordinary debts and up to one half for maintenance (art. 729 alin. (1)).

The right to enforce lapses three years after it arises (art. 706 alin. (1)). More on the Romanian page on enforcement.

What is the limitation period for debts in Romania?

Three years (art. 2.517 Codul civil), running from the day you knew or should have known of your claim (art. 2.523); for instalments, each instalment has its own term (art. 2.526). The demand sent for the payment order interrupts it (art. 1.015 alin. (2) Codul de procedură civilă). Once you have a title, enforcement itself must start within three years (art. 706 alin. (1)).

What if I am the one being enforced against?

The remedy is a challenge to enforcement (contestație la executare), which can target the enforcement itself, any act of the bailiff or the approval decision (art. 712). The deadline is 15 days from when you learned of the contested act, received the garnishment notice, or received the approval and the summons (art. 715 alin. (1)). If the title is a court judgment you cannot reopen the merits (art. 713 alin. (1)); for other titles, such as a contract, you can (art. 713 alin. (2)). The enforcement court is the Judecătoria of the debtor’s domicile (art. 651 alin. (1)); it may suspend enforcement for good reasons (art. 719 alin. (1)), and its judgment can be appealed (art. 718 alin. (1)). My Romanian article on the challenge to enforcement has the detail; check your last day with the procedural deadline calculator.

How working with me looks

1. You send me the contract, the invoices, proof of payment or non-payment and your correspondence with the other side.
2. I check the limitation period and tell you which procedure fits and which court fee applies.
3. Demand letter, then the court application; I appear in court in Cluj or elsewhere in Romania.
4. Enforcement through a bailiff until you are paid.

Related pages: the English home page, real estate and rentals for unpaid rent and deposits, company formation for companies owed money by Romanian partners, employment law for unpaid wages, which follow their own rules. The consolidated Code of Civil Procedure is on legislatie.just.ro. Contact me with your documents.