European payment order – cross-border debt collection between EU countries and Romania: Legal framework and practical steps
Cristina Neagu
Romania
by Cristina Neagu
Economic relations between European Union countries have grown significantly in recent years. At the same time, unpaid invoices have become more frequent. EU law provides efficient tools for creditors seeking to recover debts in EU countries, provided they are used correctly.
Legal frameworkCross-border debt collection within the EU is mainly governed by:Regulation (EC) No. 1896/2006 (European Order for Payment);Regulation (EC) No. 861/2007 (European Small Claims Procedure, up to EUR 5,000); andRegulation (EU) No. 1215/2012 (Brussels I Recast). These regulations apply directly in all EU member states. Romania’s laws also offer “a national order for payment” order procedure (eq. in Romania - Articles 1013–1024 of the Code of Civil Procedure).
Choosing the appropriate procedureEU creditors may choose between:European order for payment: Suitable for uncontested, due, and clearly defined claims. If no objection is filed within 30 days, it becomes enforceable across the EU. European small claims procedure: For claims up to EUR 5,000, mostly written and without the need to appear in court. Standard civil proceedings in EU countries: Recommended for disputed or complex cases.
Procedural stepsLegal review of contracts, invoices, and evidence; Formal out-of-court demand (preferably in Romanian);Filing the claim with the competent court;Obtaining an enforceable title; andEnforcement via a Romanian bailiff (e.g. bank account or asset seizure). For smaller claims, costs are moderate and procedures usually last 2–6 months.
Advantages of working with a lawyerWorking with a lawyer ensures proper jurisdiction, correctly drafted documents, court representation if needed, and support during enforcement. In most cases, legal costs can be recovered from the debtor.
ConclusionDebt recovery in EU countries is efficient under EU law. Success depends on quick action, proper documentation, and reliable legal support, ensuring that outstanding claims become enforceable across the EU.
XLNC member firm Cristina Neagu Law OfficeTimisoara, RomaniaT: +40 744 167 458
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Cristina Neagu is the senior partner of the Cristina Neagu Law Office and graduated in Law from the Universitatea De Vest Timisoara. She also holds a Master’s Degree in Business Law, and speaks English, Romanian, German.Contact Cristina.
Cristina Neagu Law Office specialises in corporate and commercial law, sale and acquisition processes, and real estate. The firm’s team of experienced lawyers, both in commercial and civil areas, specialises in legal advice to national and international companies, international debt recovery proceedings, legal enforcement proceedings, and foreign investments in Romania.
