Sued in Romania: What Foreign Companies Must Do in the First 72 Hours
A litigation guide for international businesses, company directors, and foreign investors facing a lawsuit in Romanian courts.
If your company has been served with a lawsuit in Romania, the clock is already running. You have 25 days to file a statement of defence. Miss that deadline and you lose the right to propose evidence, call witnesses, or raise most procedural objections, including the statute of limitations. The court will not warn you. This guide explains exactly what to do, in what order, and why the first 72 hours determine the outcome of the entire case.
A scenario we see every month
A UK-based company director opens an email on a Friday afternoon. Attached is a document in Romanian from a court in Bucharest. The company has been sued by a former business partner, a supplier, or a dismissed employee. The director does not read Romanian. The document looks official but incomprehensible. Monday comes, and the document sits in a shared inbox while the team assumes someone else is handling it.
Three weeks later, the 25-day deadline for filing a defence has passed. The company has lost the right to propose evidence. The case proceeds without them.
This is not a hypothetical. At Mihai Attorneys, we have taken over cases where foreign companies discovered they had been sued in Romania months after the summons was served, sometimes after a default judgment had already been rendered against them. The money lost in every one of those situations exceeded what proper legal representation would have cost from day one.
If you are reading this, you are already in a better position. You know there is a problem. What matters now is whether you act in time.
The 25-day rule: the most consequential deadline in Romanian litigation
Under the Romanian Code of Civil Procedure, a defendant must file a statement of defence (întâmpinare) within 25 days from the date of service of the plaintiff’s claim.
This is not a preliminary acknowledgement. It is the single most important document in the entire case. In this filing, you must present your complete factual and legal position, propose every piece of evidence you intend to rely on, and raise every procedural objection available to you.
If you miss it, the consequences are severe and largely irreversible.
You lose the right to propose evidence, witnesses, expert reports, documents. You lose the right to raise most procedural objections, including the statute-of-limitations defence, which under Romanian law is a private-law objection that the court will not raise on its own initiative. And you lose your strongest leverage in any settlement discussion, because the plaintiff’s counsel knows precisely what you can and cannot do.
Romanian law does not produce an automatic judgment against you for failing to respond. The judge still examines the claim on its merits and may raise certain public-order issues, jurisdiction, standing, admissibility. But without the ability to challenge the plaintiff’s evidence or factual narrative, the practical distance between losing your procedural rights and losing the case is negligible.
How many days do you have left to file your statement of defence?
Enter the date of service shown on your summons. We will calculate your exact deadline under the Romanian Code of Civil Procedure.
This calculator provides a general indication based on the standard 25-day deadline under the Romanian Code of Civil Procedure. Certain types of proceedings may have different deadlines. Always confirm the exact deadline with your Romanian litigation lawyer.
Step 1: Understand what you have received (Hours 0–12)
Romanian courts communicate with defendants through official procedural documents. At this stage, you are looking at two things: the citation (citație) — the court’s summons — and the statement of claim (cerere de chemare în judecată) filed by the plaintiff.
Not sure what you received?
Answer a few questions and we will help you identify the document and your immediate next step.
Is the document from a Romanian court or from a private party?
Within the first twelve hours, identify five things.
The court and its location. This tells you which level of the judiciary is hearing the case. Most commercial disputes involving foreign-owned companies begin at the Tribunal (tribunalul), which handles commercial matters, employment litigation, and higher-value claims.
The case number. Every Romanian case is assigned a unique file number. You can track any case in real time at portal.just.ro, Romania’s national case-management portal. You can also verify whether your company has any pending or historical cases for free using our Romania Court Records Search tool, which covers all 250+ Romanian courts.
The identity of the plaintiff and the nature of their claims. Former business partner, supplier, dismissed employee, tax authority, the nature of the claim determines which procedural rules apply, which defences are available, and the urgency of your response.
The value of the claim. This affects stamp fees, jurisdiction, and your total financial exposure.
The date of service. Your 25-day deadline runs from this date, not from the date the document was drafted or the date you read it. The date of service is the date the confirmation of receipt was signed.
If the document is entirely in Romanian and you cannot read it, do not wait for a certified translation before acting. A certified translation may take a week. Your deadline does not pause while you arrange one. Have a Romanian-speaking lawyer review the documents immediately so you understand the nature and urgency of the claim.
If you are uncertain whether the company that has been sued is one you are connected to, you can also run a quick check using our ANAF Company Verification tool or the Business Partner Screening tool, both of which pull live data from Romanian public registers.
Step 2: Engage a Romanian litigation lawyer (Hours 12–48)
This is not a step that can wait. Romanian litigation requires a lawyer licensed to practise before Romanian courts. Foreign lawyers, regardless of seniority or jurisdiction, cannot appear before Romanian courts, except in international arbitration proceedings.
Romanian litigation follows the civil law tradition with an inquisitorial model. The judge plays an active role: asking questions, ordering evidence, raising procedural issues. The written phase of the case, claim, defence, reply, largely determines the outcome. By the time oral arguments begin, the essential architecture of the dispute has already been built on paper.
What to look for in Romanian litigation counsel for cross-border matters. They must be licensed to practise in Romania, verify this with the relevant Bar association. They must have demonstrable experience in the type of dispute you face: commercial, employment, tax, IP, or real estate. They must communicate with you in English, clearly, promptly, and without ambiguity. And they must be willing to give you an honest assessment of your position, including where you are vulnerable, before you commit.
At Mihai Attorneys, we respond to new litigation inquiries within 12 hours and provide a preliminary case assessment within 72 hours of receiving the relevant documents. Our litigation and dispute resolution practice is structured specifically for international clients who need cross-border representation in Romanian courts.
Step 3: Assess the claim and your exposure (Hours 24–72)
Once your lawyer has reviewed the claim in full, you need an accurate assessment of three things.
The legal merit of the claim. Is the plaintiff’s position well-founded under Romanian law? What must they prove, and what evidence have they attached? Romanian civil procedure requires the plaintiff to submit their evidence with the statement of claim, so you have full visibility into their case from the outset. This is not common-law litigation with months of discovery. In Romania, you see the plaintiff’s hand early.
Your financial exposure. The value of the claim itself. Potential interest, legal interest runs from the date of service or from the date of default, depending on the nature of the obligation. Stamp fees and legal costs if you lose. And the practical impact on your Romanian operations, including the risk that the plaintiff may apply for a freezing injunction on your company’s bank accounts. If your company recently opened a bank account in Romania and it is your only operational account, a freeze can halt your entire business overnight.
Your strategic options. Litigation is not the only path. Depending on your contract and the dispute, you may have access to arbitration (if there is an arbitration clause), mediation, or direct settlement. Sometimes the most effective response to a lawsuit is a well-structured counteroffer, not a counter-claim. Your lawyer should present a decision matrix: realistic outcomes, timelines, and costs for each path. If they cannot produce this within 72 hours, they are not equipped for time-sensitive cross-border disputes.
How Romanian courts work: an orientation for international business
The Romanian Court System — Four Levels
Four levels of courts. First courts (judecătorii) handle lower-value claims and family matters. Tribunals (tribunale) handle commercial disputes, employment litigation, IP, and higher-value claims, this is where most cases involving foreign companies begin. Courts of Appeal (curți de apel) hear appeals. The High Court of Cassation and Justice (ÎCCJ) hears final appeals on points of law.
Written phase, then oral phase. After the claim and defence are exchanged, the plaintiff has 10 days to file a reply (răspuns la întâmpinare). Within 3 days of that reply, the judge sets the first hearing, no later than 60 days from the resolution. At the first hearing, the judge addresses jurisdiction, admissibility, stamp fees, and the admission of evidence. After evidence is administered, documents, witnesses, expert reports, the parties present oral arguments. The court deliberates and issues a decision, typically within 30 days.
Realistic timelines. A straightforward commercial dispute at the Tribunal takes 12 to 18 months at first instance. An appeal adds 6 to 12 months. A second appeal on points of law (recurs), if available, adds another 6 to 12 months. Complex cases with expert reports and multiple parties take longer. Employment disputes sometimes move faster, but the procedural complexity of defending a dismissal often compensates for the lighter caseload.
How Long Does a Commercial Lawsuit in Romania Take?
Court fees follow a progressive schedule. Under OUG 80/2013, fees for monetary claims are: up to RON 500 — 8% (minimum RON 20); RON 501–5,000 — RON 40 plus 7% above RON 500; RON 5,001–25,000 — RON 355 plus 5% above RON 5,000; RON 25,001–50,000 — RON 1,355 plus 3% above RON 25,000; RON 50,001–250,000 — RON 2,105 plus 2% above RON 50,000; above RON 250,000 — RON 6,105 plus 1% above RON 250,000. For a claim of €100,000, the stamp fee is approximately €1,200–€1,500. The plaintiff pays upfront; if they prevail, you reimburse it as part of litigation costs.
Estimate Your Romanian Court Stamp Fee
Enter the total value of the claim in the currency stated in the lawsuit. The calculator applies the progressive schedule under OUG 80/2013.
Exchange rates are approximate (1 EUR ≈ 5.0 RON, 1 USD ≈ 4.6 RON, 1 GBP ≈ 5.8 RON). Court fees are payable in RON. This calculator provides an estimate for monetary claims under OUG 80/2013. Certain claim types (non-monetary, employment, family) follow different rules. Always confirm the exact fee with your litigation lawyer.
There is no discovery as you know it. Romanian procedure does not include US or UK-style discovery. The court can order production of specific documents, but there is no general obligation to disclose all potentially relevant materials. This means the written submissions and the evidence attached to them carry decisive weight, yet another reason the statement of defence must be comprehensive and precisely prepared.
Can they freeze your assets?
Yes. And they can do it without hearing you first.
The plaintiff can apply for a freezing injunction (sechestru asigurător) on your company’s Romanian bank accounts, receivables, or other assets. The conditions: the plaintiff has initiated or will initiate proceedings on the merits; the claim appears well-founded at first glance; and there is a risk the defendant will dissipate assets. The court may require the plaintiff to post bail of up to 20% of the claim value.
The critical point: the court can grant this ex parte, without hearing you, without notifying you, based solely on the plaintiff’s application. You discover the order when your bank informs you the account is frozen.
You can challenge the order after it is issued. But by that point, your operations are disrupted, your suppliers are unpaid, your employees’ salaries are delayed, and your commercial reputation is damaged.
This is one more reason to act within hours. If your lawyer understands the dynamics of your dispute, they can anticipate whether a freezing application is likely and prepare a pre-emptive response.
If you are being sued by a former employee
Employment litigation in Romania operates under fundamentally different rules and warrants specific attention.
Romanian labour courts interpret the law favourably toward employees. Employment claims, wrongful dismissal, discrimination, wage disputes, are heard by the Tribunal, labour-law division. There are no stamp fees for employment claims. The employee litigates for free. The employer pays to defend.
The burden of proof sits entirely with the employer. You must demonstrate that the dismissal was lawful, properly documented, and procedurally correct. If the court finds the dismissal unlawful, it can order reinstatement and compensatory damages equal to the salary the employee would have earned from the date of dismissal until the date of reinstatement. For a senior employee dismissed eighteen months before a court ruling, this can amount to eighteen months of salary plus social contributions.
Dismissal procedures in Romania are technical and unforgiving. A dismissal decision must cite the correct legal basis, follow the correct procedural steps, including a full disciplinary investigation for misconduct dismissals, and be served within strict deadlines. A single procedural error can invalidate the entire dismissal, regardless of whether the employee committed the misconduct in question.
Foreign employers are particularly vulnerable because the dismissal was typically handled by a local manager or consultant without specialised legal review. By the time the summons arrives, the procedural defects are baked into the documentation.
If you employ people through your Romanian entity, our employment law practice covers everything from contract structuring to dismissal procedures. The time to involve a litigation lawyer is before the dismissal decision, not after the summons. If you need to understand the employer cost of your Romanian workforce before making any staffing decisions, our Salary Calculator 2026 provides a detailed breakdown.
Your 72-Hour Action Checklist
Check off each step as you complete it. Your progress is tracked below.
After the defence: what happens next
Once your defence is filed, the court serves it on the plaintiff, who has 10 days to submit a reply. Within 3 days of receiving that reply, the judge sets the first hearing, no later than 60 days from the resolution.
At the first hearing, the judge addresses jurisdiction, admissibility, stamp fees, and the admission of evidence. The evidence admitted at this stage is, in most cases, the only evidence the court will consider. After evidence is administered, documents examined, witnesses heard, expert reports commissioned and received, the parties present oral arguments. The court deliberates and issues a written decision.
If either party disagrees with the outcome, they can appeal within 30 days of receiving the judgment. An appeal in Romania is a full rehearing on the merits, not a narrow review of legal errors. New evidence may be proposed under certain conditions. A second appeal (recurs), if available, is limited to points of law and heard by the next level of the court hierarchy.
Settlement remains possible and encouraged at every stage. The Code of Civil Procedure requires the judge to promote amicable resolution, and many cases settle during or after the evidentiary phase. A defendant who filed a thorough defence settles from strength. A defendant who missed the 25-day deadline settles from necessity. The difference between those positions is invariably a multiple of the legal fees.
Enforcing foreign judgments in Romania — and Romanian judgments abroad
EU judgments. Under Regulation (EU) No 1215/2012 — the Brussels I bis Regulation — judgments from EU Member States can be enforced directly in Romania without exequatur. A French or German judgment is enforceable here as if it were Romanian, subject only to limited grounds for refusal.
Post-Brexit UK judgments and US judgments. For UK judgments issued after 31 December 2020, and for US judgments, the Romanian Code of Civil Procedure requires an exequatur procedure: a Romanian tribunal must recognise and declare the judgment enforceable. The conditions include finality under the law of the issuing state, jurisdictional competence under Romanian private-international-law rules, respect of the defendant’s right of defence, compatibility with Romanian public policy, and — for US judgments in particular — the existence of reciprocity between Romania and the issuing state. The Hague Convention on Choice of Court Agreements (2005), to which the UK acceded post-Brexit, provides a framework for enforcement where the parties had an exclusive jurisdiction clause.
If you are navigating a cross-border enforcement situation, whether bringing a foreign judgment into Romania or enforcing a Romanian judgment abroad, this is precisely the type of multi-jurisdictional work our litigation practice handles regularly.
Jurisdictional objections: assert them or lose them
If you believe the Romanian court lacks jurisdiction, because, for example, your contract contains an arbitration clause or a choice-of-court agreement naming another forum, you must raise this in your statement of defence or, at the absolute latest, at the first hearing.
This catches foreign companies more often than it should. The contract says “all disputes shall be resolved by ICC arbitration in Vienna.” The company receives a summons from a Romanian court. Nobody files a defence because “we have an arbitration clause, they cannot sue us here.” But they can file a claim in a Romanian court, and they have. If you fail to appear and invoke the clause, the court may proceed on the basis that you have implicitly accepted its jurisdiction. Jurisdiction does not defend itself. You must assert it.
If you are unsure whether your contracts contain arbitration or forum-selection clauses, or whether those clauses are enforceable under Romanian law, this is one of the first questions your litigation counsel should examine. It is also something worth reviewing proactively with your corporate law advisor before a dispute arises.
What you should expect to pay
Court fees. These follow the OUG 80/2013 progressive schedule described above. For a commercial claim of €100,000, the stamp fee is approximately €1,200–€1,500. The plaintiff pays upfront; if they prevail, you reimburse it. If you file a counterclaim, you pay stamp duty on your counterclaim separately.
Attorney fees. For defending a commercial lawsuit in Romania at first instance, fees typically range from €3,000 to €15,000, depending on the complexity, the claim value, the volume of evidence, and whether expert reports are required. Appeals carry additional fees. We provide a detailed fee estimate before engagement, not after. We also structure fixed-fee arrangements for predictable stages of the litigation, so you know your exposure before you commit.
Expert report fees. When the court orders an expert report, common in construction disputes, valuation matters, and financial controversies, the fee is typically €500 to €3,000, paid by the party that requested the report or as directed by the court.
Contingency fees. Romanian law prohibits pure pactum de quota litis. However, combinations of fixed or hourly fees with success fees are permitted, payable only if a defined result is achieved.
Protecting your company before a dispute arises
The best litigation strategy is one you never need to execute. Many of the disputes we handle for foreign clients could have been prevented or resolved far more cheaply if the company’s corporate structure, contracts, and compliance had been properly managed before the conflict arose.
If you operate a Romanian company and want to ensure your legal foundations are solid, we would encourage you to review whether your company’s Trade Register status and corporate documents are current and accurate. If you have partners or co-shareholders, ensure your shareholder agreement addresses dispute resolution, including a properly drafted arbitration clause. If your company has crossed the RON 400,000 turnover threshold, verify that you have completed the share capital increase to RON 5,000 required under Law 239/2025. If you are approaching the September 2026 deadline, confirm that your CAEN codes have been reclassified to Rev. 3. And if your company has gone quiet operationally, be aware of the fiscal inactivity triggers that ANAF can use to suspend or dissolve it.
Our corporate secretarial service monitors all of these compliance obligations for international clients on an ongoing basis, so that a procedural oversight does not become a courtroom problem.
How Mihai Attorneys helps foreign companies facing litigation in Romania
Our litigation and dispute resolution practice exists for international businesses navigating the Romanian legal system, whether for the first time or the tenth. We represent foreign-owned companies, multinational subsidiaries, international investors, and expatriate entrepreneurs in commercial disputes, employment litigation, tax controversies, intellectual property conflicts, debt recovery, real estate disputes, and enforcement of foreign judgments.
We respond to new litigation inquiries within 12 hours. We communicate in English. We provide realistic assessments of timelines, costs, and outcomes. And we treat every dispute as a business problem that demands a commercially-minded solution — not a legal exercise conducted for its own sake.
If your company has been served with a summons from a Romanian court, or if you anticipate a dispute, send us the document. We will review it and schedule a call within one business day.
Email:alin.mihai@mihaiattorneys.com
Phone: +40 771 706 778
Frequently asked questions
How long do I have to respond to a lawsuit in Romania?
25 days from the date of service of the claim. Missing this deadline means losing the right to propose evidence, call witnesses, request expert reports, and raise most procedural objections including the statute of limitations.
Can I attend Romanian court hearings remotely?
Romanian courts have increasingly allowed remote participation via videoconference since 2020, though availability varies by court and judge. In most commercial cases, your Romanian lawyer can appear on your behalf under a power of attorney. You do not need to be physically present in Romania for hearings.
How much does it cost to defend a commercial lawsuit in Romania?
Stamp fees follow the OUG 80/2013 progressive schedule. Attorney fees for a first-instance defence typically range from €3,000 to €15,000 depending on complexity. Expert reports add €500 to €3,000 if ordered. We provide a detailed cost estimate before engagement.
Can a Romanian court freeze my company’s bank account?
Yes. The plaintiff can apply for a freezing injunction (sechestru asigurător) if they can show an arguable claim and a risk that assets will be dissipated. The court can grant this without hearing you first.
Can I enforce a UK or US judgment in Romania without re-litigating?
For EU judgments, Regulation 1215/2012 (Brussels I bis) allows direct enforcement without exequatur. For UK judgments issued after Brexit and for US judgments, an exequatur procedure is required, subject to conditions including reciprocity.
What if I believe the Romanian court has no jurisdiction?
You must raise jurisdictional objections in your statement of defence or, at the latest, at the first hearing. If your contract contains an arbitration clause, you must invoke it before the court. Failing to do so may be treated as acceptance of jurisdiction.
What if I was sued in Romania but never received the summons?
If service was defective, sent to an outdated address, or not served in accordance with EU Regulation 2020/1784 on cross-border service, you may be able to challenge the proceedings or any resulting judgment on the ground that your right of defence was violated.
Can I file a counterclaim?
Yes. A counterclaim (cerere reconvențională) must be filed within the same 25-day deadline as the statement of defence. It carries its own stamp duty. A well-grounded counterclaim can fundamentally change the dynamics of a case and is sometimes the most effective form of defence.
Is mediation mandatory before going to court in Romania?
No. Since Constitutional Court Decision No. 266/2014, mediation is not a prerequisite for filing a claim. However, the judge is required to encourage amicable resolution at every stage, and mediation remains a voluntary option throughout.
How long does a commercial lawsuit in Romania typically take?
A straightforward dispute at Tribunal level takes 12 to 18 months at first instance. An appeal adds 6 to 12 months. A second appeal (recurs) on points of law, if available, adds a further 6 to 12 months.
