Payment summons between businesses (Romania)

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The summons in which one Romanian company demands overdue invoices from another, written as the step a payment order requires (art. 1015 of the Code of Civil Procedure): 15 days to pay, sent by bailiff or registered post with declared contents and acknowledgment of receipt. It claims the debt, late-payment interest at the central bank's reference rate plus 8 points, and the recovery-cost compensation of Law no. 72/2013.

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Common questions

Why must a summons be sent before a payment order?

Because without it the application for a payment order is dismissed. The Romanian Code of Civil Procedure requires the debtor to be summoned to pay within 15 days, through a bailiff or by registered post with declared contents and acknowledgment of receipt (art. 1015), and proof that the summons was delivered must be attached to the application (art. 1017(2)).

What interest can be claimed from a company that pays late?

Between businesses, statutory late-payment interest is the National Bank of Romania's reference rate plus 8 percentage points, unless the parties agreed otherwise (Government Ordinance no. 13/2011, art. 3(2¹), inserted by Law no. 72/2013). On top of it, the creditor may claim the lei equivalent, at the date of payment, of 40 euros as minimum damages for recovery costs (art. 10 of Law no. 72/2013).

What comes next after the 15 days if the debtor company does not pay?

The creditor files the application for a payment order with the court that would hear the claim itself — usually the local court, and the county court for large claims — with the invoices, the contract or other documents showing the claim, and proof of the summons. The procedure is simplified and quick; the debtor may file a defence, and the payment order issued is enforceable.