European payment order – cross-border debt collection between EU countries and Romania: Legal framework and practical steps

European payment order – cross-border debt collection between EU countries and Romania: Legal framework and practical steps
Cristina Neagu

Cristina Neagu

Partner

cristinaneagu82@gmail.com

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.

  1. Legal framework

    Cross-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); and
    Regulation (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).
  2. Choosing the appropriate procedure
    EU 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. 
     
  3. Procedural steps
    Legal 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; and
    Enforcement via a Romanian bailiff (e.g. bank account or asset seizure). 

    For smaller claims, costs are moderate and procedures usually last 2–6 months.
  4. Advantages of working with a lawyer

    Working 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.

Conclusion

Debt 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.

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