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BEJ Beiușan Bogdan

Debt recovery for businesses

An invoice that has been unpaid for six months won't be solved by one more email. For companies in Oradea, Satu Mare and across the Oradea Court of Appeal district, we work with every type of enforceable title: court decisions, payment orders, promissory notes, cheques, leasing or loan agreements.

Where debt recovery starts

A bailiff can only start if you have an enforceable title. A promissory note or a cheque refused for payment is an enforceable title by law, so you can go straight to enforcement. If you only have the contract and invoices, you first need a court decision: usually a payment order, which is quicker than an ordinary lawsuit, or, for amounts up to 10,000 lei, the small claims procedure.

It's worth knowing what happens if the debtor becomes insolvent: individual enforcement is suspended by law, and the claim is registered with the insolvency practitioner. In many cases, whoever gets to the accounts first is the one who gets paid.

In the first conversation we'll tell you honestly whether recovery has a real chance. We check whether the company is still trading and whether it has accounts, property in the land register or vehicles. If the debtor has nothing to go after, it's better to know that before you pay any costs upfront.

Steps in the procedure

  1. You send us the enforceable title and a statement of the amounts owed.
  2. We file the application for approval of enforcement with the enforcement court.
  3. We check the debtor's bank accounts, property, vehicles and any money they are owed by their own customers.
  4. We garnish the accounts and, where possible, the money third parties owe the debtor.
  5. If the garnishments don't cover the debt, we move on to seizing and selling movable or immovable property.
  6. Recovered amounts are transferred to you as they come into the enforcement account.

Documents you need

  • The enforcement application, signed by the legal representative or a lawyer.
  • The enforceable title, in original or certified copy: a court decision, payment order, promissory note, cheque with refusal of payment or another contract that has the force of an enforceable title.
  • The debtor's details: company name, tax code, registered office.
  • A statement of the amounts owed and of the interest or penalties, if the title provides for them.
  • The authorisation for the person submitting the file.

Frequently asked questions

Is enforcement worth it for a small debt?

The debtor matters more than the amount. If the company has active accounts, a garnishment can recover even a small amount within a few days, and the enforcement costs are added to the debt and paid by the debtor.

The debtor has emptied their accounts. Can I still recover anything?

Often, yes. The garnishment stays in place for money that comes into the account later, and at the same time the company's assets or the money it is owed by its own customers can be pursued.

How long do I have to request enforcement?

As a rule, three years from the date the title became enforceable (Article 706 of the Code of Civil Procedure). Promissory notes and cheques have special deadlines, so don't wait until the last month.

The information on this page is general and is not a substitute for legal advice on a specific case. For your situation, call the office: 0744 143 226.