What steps should I take to recover unpaid invoices from a Romanian client through commercial litigation?

Remedies Available: You can pursue a regular lawsuit for monetary damages, a faster payment order procedure (if the debt is clear and undisputed), or negotiate a settlement (parties may agree to restructure or settle debt outside court at any stage). Courts can order the company to pay the full amount owed.
The payment ordinance (order procedure) is a special procedure that is simpler than ordinary court proceedings and allows you to obtain an enforceable title under different conditions. Your claim must be certain (established by a document acknowledged by the parties through signature), liquid (the amount is determined or determinable), and due (the debt is outstanding). Key requirements: You must first send the debtor a subpoena through a bailiff or registered letter; without this, the claim is inadmissible. Timeline: Payment orders are generally resolved faster (max. 90 days), although this depends on whether the debtor submits a defense, if the court grants postponements, or if the debtor appeals.
The regular lawsuit is the standard court procedure for disputes not resolved through payment ordinance or when a debtor contests the order. Timeline: The proceedings are divided into phases including a written submission phase and evidence production. In practice, ordinary litigation is considerably slower than the payment ordinance procedure—cases often take years depending on court congestion.
The general statute of limitations for commercial debt claims in Romania is three years, starting from the day the payment became due. Since the debt is four months old, you are well within this timeframe.
Evidence required
- Contract and Invoices: To prove your claim, you must provide documentation that establishes the debt and your commercial relationship with the Romanian company. This includes the contract for the goods supplied and the unpaid invoice for 25,000 RON.
- Delivery documentation - if the case.
- Correspondence: Any emails or written communication between you and the company regarding the payment will also serve as important evidence
Under Romanian law (Law no. 72/2013), you are entitled to claim interest on the late payment, even if it is not specified in the contract. For B2B relationships, the interest is the BNR reference rate plus 8 percentage points. You can also recover additional costs incurred in the debt recovery process. If the court rules in your favor, the losing party is typically ordered to pay the court costs (court costs include stamp duty, bailiff fees, and lawyer’s fees).