Limitation of debts in Romania: after how long you can no longer be forced to pay

What limitation of a debt means

Limitation (extinctive prescription) means that once a certain period has passed, the creditor loses the right to force you to pay through the courts. The debt does not disappear entirely: if you pay voluntarily after it is time-barred, you cannot ask for the money back.

Importantly, limitation is not applied automatically. It must be raised by the debtor, that is by you, in your defence or before the court. The court cannot apply it of its own motion.

The general period: 3 years

Under the Romanian Civil Code, the general limitation period is 3 years. It applies to most ordinary debts: bank loans and credit cards, supplier invoices, loans between individuals, rent or commercial contracts. For some rights the law provides special, longer or shorter periods.

When the period starts

The period usually starts from the date the creditor knew or should have known of its right, in practice from the payment due date. For debts payable in instalments, the period runs separately for each instalment from its due date. For a loan accelerated by the bank, the period usually runs from the acceleration date.

What interrupts limitation

Limitation is interrupted, and a new 3-year period begins, in several situations. The most common are:

• acknowledgement of the debt by the debtor, including a partial payment or a request for a payment plan;
• filing a court action, a payment order application or an enforcement request;
• joining criminal proceedings as a civil party;
• other acts expressly provided by law.

Be careful with acknowledging the debt

A common mistake is paying a small amount or signing a payment plan for an old debt just to stop the collection agency's calls. Such acts may be treated as acknowledging the debt and may start a new limitation period. Before paying or signing anything for an old debt, check whether it is already time-barred.

Limitation of the right to enforce

If the creditor already has a court judgment or another enforceable title, a different rule applies: under the Code of Civil Procedure, the right to request enforcement of a monetary claim is time-barred after 3 years. This period can also be interrupted, for example by starting enforcement.

If a bailiff sends you a demand based on an old title, you can file an enforcement challenge within the legal time limit, raising limitation or other irregularities.

What to do if you receive a notice about an old debt

• Do not ignore the notice, but do not pay straight away either.
• Ask in writing for the documents proving the debt and the date of the last payment.
• Check when it fell due and whether you made any later payments or acknowledgements.
• Do not sign payment plans or make partial payments without prior analysis.
• If you receive a court claim or an enforcement demand, observe the deadlines for response and challenge.

This article is for information only and does not constitute legal advice. For an analysis of your specific situation, contact a lawyer.