Debt collection from Romania. What to expect?

Unfortunately, there is a well-known practice across Europe whereby individuals who temporarily reside in another country enter into contracts for various services, such as medical services or credit agreements, without any genuine intention to pay. In many cases, these individuals return to their country of residence while leaving their financial obligations unpaid, which creates serious difficulties for creditors trying to recover outstanding amounts.

This economic and professional mobility has generated a constant flow of Romanian debtors living and working across different parts of Europe. For international companies, this reality brings specific and increasingly common challenges in terms of debt collection from Romania, especially when the debtor’s location or assets are no longer easily traceable, or when cross-border enforcement becomes necessary.

Non-payment is also frequently encountered between professionals in B2B relationships, where businesses fail to pay for goods delivered or services provided. In many situations, the debtor invokes financial difficulties, which can indeed arise at any time. However, there are also cases in which the debtor relies on an unjustified expectation that an international contractual partner will not take legal action before Romanian courts to recover the debt. This type of conduct may significantly complicate the recovery process and can lead to prolonged delays in obtaining payment, even when the claim is clearly documented.

When it comes to debt collection Romania, creditors generally have two main legal routes available. The first option involves initiating a European procedure that can ultimately be enforced through compulsory execution in Romania. The second option, and often the more effective approach, is to pursue the entire debt recovery process directly under Romanian procedural law, from the initial court stage through to enforcement, depending on the nature of the claim and the specific circumstances of the debtor.

Pursuing a European procedure and enforcing the claim in Romania

The European Small Claims Procedure and the European Order for Payment are the main instruments that allow creditors to obtain, within a relatively short timeframe, an enforceable title that is valid across all EU Member States.

However, although the decisions and orders issued under these procedures benefit from automatic recognition throughout the European Union, the enforcement stage itself is not harmonised at EU level. As a result, the actual compulsory enforcement must be carried out exclusively in the Member State where the debtor is domiciled or where the debtor’s assets are located, in accordance with the applicable national law.

In the case of debtors established in Romania, enforcement is performed under the Romanian Civil Procedure Code, through a Romanian court enforcement officer. 

While European procedures have clear advantages, it is nevertheless essential to assess jurisdiction carefully, especially in B2C portfolios. Jurisdiction clauses that designate the courts of the country where the service was contracted may be regarded as unfair, with courts giving priority to the consumer’s domicile, meaning, in many cases, the Romanian courts. In this respect, the following legal sources are relevant:

• Article 18(2) of Regulation (EU) No 1215/2012 (Brussels I bis): “Proceedings may be brought against a consumer by the other party to the contract only in the courts of the Member State in which the consumer is domiciled.”
• CJEU, Case C-243/08, Pannon GSM: “It is for the national court to determine whether a contractual term, such as that which is the subject-matter of the dispute in the main proceedings, satisfies the criteria to be categorised as unfair within the meaning of Article 3(1) of Directive 93/13. In so doing, the national court must take account of the fact that a term, contained in a contract concluded between a consumer and a seller or supplier, which has been included without being individually negotiated and which confers exclusive jurisdiction on the court in the territorial jurisdiction of which the seller or supplier has his principal place of business may be considered to be unfair”.

At the same time, the workload of courts differs substantially from one Member State to another, and in Romania, judicial proceedings may, in practice, take less time. In addition, European procedures often require legal assistance across multiple jurisdictions, which may increase both the overall costs and the duration of the recovery process.

For these reasons, initiating and conducting the entire process in Romania is, in many situations, the most efficient option for debt collection from Romania, particularly where the debtor and assets are located within Romanian territory and where procedural predictability becomes a key factor for debt collection Romania.

Recommended approach: Debt collection Romania under Romanian procedures in full

Debt recovery in Romania may be pursued through one of three distinct procedural routes, depending on the nature of the claim and the specific circumstances of the case. Accordingly, the creditor may opt for the small claims procedure, applicable to low-value monetary claims, the payment order procedure, designed for claims that are certain, liquid and due regardless of their amount, or the ordinary civil/commercial court proceedings, used where the dispute requires a broader evidentiary assessment or where the conditions for special procedures are not met. Choosing the appropriate procedural avenue has a direct impact on the duration, costs and overall efficiency of debt collection from Romania.

Small claims procedure

The small claims procedure is a special mechanism intended to ensure a fast resolution of disputes concerning monetary claims of up to RON 50,000, the equivalent of approximately EUR 10,000. It provides creditors with a simplified alternative to ordinary proceedings and is specifically designed to facilitate effective recovery of low-value debts. The decision to rely on this procedure belongs exclusively to the claimant, who must assess both the value of the claim and the nature and strength of the available evidence.

The procedure is predominantly conducted in writing and, as a rule, is handled in chambers, with the court ordering the parties to appear only exceptionally.

The defendant may file a counterclaim, and if such counterclaim exceeds the RON 50,000 threshold (≈ EUR 10,000), it will be severed and adjudicated under ordinary proceedings. The court gives priority to documentary evidence, admitting other means of proof only to the extent they are not disproportionate when compared to the value of the claim. As a general rule, the judgment is delivered within 30 days from the moment the evidentiary stage is completed.

The judgment is enforceable by operation of law, allowing immediate commencement of enforcement measures. The debtor may file an appeal within 30 days, but the appeal does not suspend enforcement, which is carried out at the creditor’s risk, pursuant to Article 637(1) of the Romanian Civil Procedure Code. If the judgment is subsequently amended or set aside, the creditor is required to reimburse any amounts collected in excess of the final amount established by the court.

Payment order procedure

The payment order procedure is available without any value threshold and is aimed at recovering certain, liquid and due claims arising from civil or commercial contracts. Before referring the matter to the court, the creditor must serve the debtor with a prior formal notice, granting a 15-day deadline for payment.

If the debtor fails to comply, the creditor may request that the court issue a payment order, setting a payment deadline between 10 and 30 days from the communication of the decision. Where no statement of defence is filed, the payment order is generally issued within a maximum of 45 days from the date the court is seized, not taking into account the time required for serving procedural documents on the parties.

The payment order is enforceable even if challenged by an application for annulment, and enforcement is, in this case as well, pursued at the creditor’s risk until the remedy is finally decided.

Ordinary court proceedings

Where the claim does not meet the legal requirements of special procedures, the creditor may resort to ordinary court proceedings. This route is typically longer and involves a more complex evidentiary phase, which may include expert reports, witness testimony or party examination. Compulsory enforcement may only be initiated on the basis of a final judgment, obtained either because no appeal is filed or because the appeal is ultimately decided in favour of the creditor.

In practice, pursuing litigation and enforcement entirely under Romanian law is often the most predictable and effective path for debt collection Romania, particularly when the debtor is domiciled in Romania and the debtor’s assets are located within Romanian territory.

Bailiff enforcement Romania 

Compulsory enforcement in Romania is initiated only if the debtor fails to comply voluntarily with obligations established under an enforceable title. The creditor must file an enforcement application with a competent Romanian bailiff, either directly or through a representative, and the bailiff will either open the enforcement file or issue a reasoned refusal. If enforcement is opened, the bailiff must request court authorisation within three days, while the enforcement court rules within seven days, in chambers, without summoning the parties. 

The authorisation decision confirms the enforceable title, the recoverable amount (including ancillary claims), and, where relevant, the requested enforcement method, allowing the bailiff to use all legal enforcement measures necessary to secure full recovery, including enforcement costs, throughout Romania. The debtor must then be formally served with the court authorisation, the enforceable title and, as a rule, a notice granting a final deadline for voluntary compliance, as proper service is a mandatory condition for the legality of the enforcement process.

Once authorised and properly served, Romanian civil procedure provides several enforcement tools, applied depending on the debtor’s available assets and subject to legality and proportionality. Recovery may be achieved through enforcement against movable assets, regardless of whether they are held by the debtor or by third parties, or through enforcement against immovable property, including certain rights in rem such as usufruct or superficies, usually used in higher-value cases and carried out through regulated sale mechanisms such as public auction or direct sale. 

Garnishment is also a commonly used method, allowing recovery from funds or receivables owed to the debtor by third parties, including bank account balances, salaries, other income or amounts due under ongoing legal relationships, whether payable immediately or in the future. 

Key practical aspects of debt collection from Romania

Dealing with a Romanian debtor requires a structured approach based on clear documentation, early legal assessment and the selection of the most effective procedural route. In practice, successful debt collection from Romania starts with identifying the debtor correctly, confirming the contractual basis of the debt and ensuring that invoices, delivery evidence, correspondence and payment reminders are properly organised. 

What if I do not have the debtor’s full address in Romania?

Not having the Romanian debtor’s full residential address does not prevent debt recovery. In Romanian proceedings, the creditor may file formal requests with the Population Register authorities, by demonstrating a legitimate interest, such as the intention to initiate court proceedings for debt collection from Romania.

Under these conditions, the competent Population Register Directorate will communicate the debtor’s registered address, allowing judicial steps and, where applicable, enforcement proceedings to continue. Therefore, incomplete address details do not constitute an obstacle to bringing a claim against the debtor, and obtaining the missing information generally involves only a minimal administrative cost, which may vary depending on the county where the debtor is registered.

Can I find out what assets a Romanian debtor has before starting legal action?

As a rule, no. The creditor cannot directly and in advance obtain full information about a Romanian debtor’s assets before formally initiating the recovery process. Asset identification is performed exclusively by the court enforcement officer at the enforcement stage, using the legal mechanisms provided under the Romanian Civil Procedure Code.

That said, in practice, it is relatively uncommon for a debtor to have no assets or traceable resources whatsoever. Even where real estate is not owned, it is often the case that the debtor holds at least one bank account in Romania, receives income, or has movable assets or patrimonial rights that may be subject to enforcement. Romanian court enforcement officers have the legal authority to identify bank accounts, income streams, movable property and other assets, with a view to enforcing them and achieving effective recovery within the framework of debt collection Romania.

What are the court fees in debt recovery proceedings in Romania?

When assessing debt collection from Romania, court fees are an important element, as they influence both the overall cost of the recovery process and the strategic choice of procedure. Romanian law provides predictable and relatively accessible judicial stamp duties, depending on the type of claim and the procedural route selected.

Payment Order Procedure

Applications filed under the payment order procedure are subject to a fixed court fee of RON 200 (approximately EUR 40), regardless of the amount of the outstanding debt. This makes the payment order procedure particularly cost-efficient for creditors pursuing debt collection Romania, especially when the claim is clearly documented and meets the legal requirements of being certain, liquid and due.

Small Claims Procedure (up to RON 50,000 / approx. EUR 10,000)

Court fees in the small claims procedure are also fixed and are determined by the value of the claim, as follows: for claims up to RON 2,000 (approx. EUR 400), the court fee is RON 50 (approx. EUR 10). For claims between RON 2,000 and RON 50,000 (approx. EUR 400–10,000), the court fee is RON 200 (approx. EUR 40). Given the simplified and mostly written nature of the proceedings, this procedure remains an efficient tool for debt collection from Romania where the outstanding amount falls below the statutory threshold.

Ordinary Civil Procedure (monetary claims)

In ordinary civil proceedings, judicial stamp duties are calculated progressively based on the value of the claim, according to the following scale:

• For claims up to RON 500 (≈ EUR 100), the court fee is 8%.
• For claims between RON 501 and RON 5,000 (≈ EUR 100–1,000), the fee is RON 40 (≈ EUR 8) plus 7% of the amount exceeding RON 500.
• For claims between RON 5,001 and RON 25,000 (≈ EUR 1,000–5,000), the fee is RON 355 (≈ EUR 70) plus 5% of the amount exceeding RON 5,000.
• For claims between RON 25,001 and RON 50,000 (≈ EUR 5,000–10,000), the fee is RON 1,355 (≈ EUR 270) plus 3% of the amount exceeding RON 25,000.
• For claims between RON 50,001 and RON 250,000 (≈ EUR 10,000–50,000), the fee is RON 2,105 (≈ EUR 420) plus 2% of the amount exceeding RON 50,000.
• For claims above RON 250,000 (≈ over EUR 50,000), the fee is RON 6,105 (≈ EUR 1,220) plus 1% of the amount exceeding RON 250,000, capped at RON 100,000 (≈ EUR 20,000).

Can I recover my costs?

Yes. If the creditor succeeds in court, the debtor (as defendant) will generally be ordered to reimburse the creditor’s legal costs, in accordance with Romanian law. Such costs may include, without limitation, attorney’s fees, judicial stamp duties, translation expenses, and any other necessary costs incurred throughout the judicial proceedings or the enforcement phase.

The recovery of these costs is ordered by the court through the judgment and becomes part of the enforceable amount that can be pursued against the debtor in enforcement proceedings.

Contact us to begin recover debts in Romania

Debt collection from Romania can be carried out effectively when the appropriate procedure is selected and when the process is managed coherently, from the initial formal notice through to the effective enforcement of the enforceable title.

Although European instruments may be useful in specific scenarios, in practice, initiating and conducting the entire procedure in Romania often provides a relevant advantage in terms of duration, costs and procedural control.

In this context, Blaj Law has a dedicated debt recovery team, providing end-to-end legal assistance both during the amicable phase and the litigation stage, as well as during enforcement proceedings through a Romanian court enforcement officer, ensuring creditors benefit from an integrated approach focused on the effective recovery of the outstanding debt.

Contact us to assess your case and start the recovery process, from initial legal steps to court proceedings and enforcement in Romania.