Debt recovery and enforcement lawyer in Romania
We help you recover what you are owed by the right route, or defend yourself against unlawful enforcement.
Recovering a debt starts with a simple question: what documents do you have and how solvent the debtor is. Depending on the answer, we choose between a demand letter and negotiation, a payment order, a small claim or an ordinary claim. Not every debt is worth a lawsuit, and a realistic view of the chances of collection avoids unnecessary costs.
Once an enforceable title is obtained, we work with the court bailiff on the right measures: garnishment of accounts or income, seizure of movable assets, enforcement against real estate. We monitor enforcement steps and step in when the debtor raises objections or hides assets. If the debtor is a company in difficulty, we also check whether insolvency proceedings are likely, since they change the rules for recovery.
Just as often we assist debtors who receive an enforcement notice for a debt that is time-barred, already paid or wrongly calculated. A challenge to enforcement, an application for a stay and reversal of enforcement are the tools to defend yourself, but the time limits are short, so you need to act quickly. We also review the enforcement costs, which can be challenged separately.
How we can help with recovery and enforcement
- Reviewing the claim, the evidence and the debtor's solvency before taking any step
- Demand letters and formal notices, negotiating a settlement or instalment plan
- Payment orders for certain, liquidated and due claims
- Small claims procedure, for low-value claims within the statutory threshold
- Money claims and protective measures: precautionary attachment and garnishment
- Starting and monitoring enforcement together with the court bailiff
- Garnishment of accounts and income, enforcement against movable and real property
- Challenges to enforcement against unlawful acts or the title itself
- Applications to stay enforcement, including interim stays
- Reversal of enforcement and recovery of sums unlawfully collected
- Pleading that the right to enforce is time-barred
- Cross-border recovery in the EU: European payment order, small claims, recognition of judgments
Common situations where we can assist
- A customer has not paid invoices for months and does not answer the phone
- You have won a case, but the debtor will not comply with the judgment voluntarily
- Your bank account or salary has been garnished for a debt you dispute
- You have received a bailiff's notice for an old loan sold to a debt collection company
- A partner in another EU country refuses to pay for goods delivered
How we work
Checking the claim or enforcement
We review the contract, invoices, enforceable title and bailiff's documents to see what is solid and what can be challenged.
Choosing the strategy
We choose the most efficient procedure in light of the amount, the evidence and the debtor's assets.
Acting on time
We file within the statutory time limits, which in enforcement are usually short, and seek interim measures where appropriate.
Following through
We liaise with the court and the bailiff and keep you informed at each step, until payment or annulment of the enforcement.
Frequently asked questions
What is the difference between a payment order and an ordinary claim?
A payment order is a simpler and usually faster procedure for certain, liquidated and due claims proven by documents, such as contracts and accepted invoices. It is not suited to cases where the debtor has serious defences on the merits. Before filing, the law requires a formal notice to be sent to the debtor.
I have received a notice from a bailiff. What can I do?
Check the date of service straight away, because the time limit for challenging enforcement is short. We review whether the title is valid, whether the debt has been paid or is time-barred, whether the amount is correct and whether the bailiff followed the procedure. Depending on the findings, we can challenge the enforcement and seek a stay.
What does reversal of enforcement mean?
If the enforceable title or the enforcement itself is set aside, the person enforced against is entitled to the return of what was taken. Reversal can be requested, in some cases, in the same proceedings in which the title or enforcement was annulled, or by a separate application. Keep evidence of every sum withheld.
Can I recover a debt from a company in another EU country?
Yes. For cross-border claims within the European Union there are simplified procedures, such as the European order for payment and the European small claims procedure, and judgments can be enforced in another Member State. The right tool depends on the amount, the evidence and where the debtor has assets.
Other practice areas
Do you need a lawyer?
Tell us briefly about your situation. We will tell you honestly what can be done and what the next steps are, anywhere in Romania.
