The Cluj-Napoca Local Court Admits the Application for a Payment Order and Orders the Debtor to Pay the Principal Debt and the Contractual Penalties
By Civil Judgment No. 603/2026, rendered by the Cluj-Napoca Local Court (Judecătoria Cluj-Napoca), the court admitted the application for a payment order (ordonanță de plată) filed by a commercial company against the beneficiary of certain tower-crane services and works related to a construction project, rendered under a services agreement. The court found the existence of a certain, liquid and due claim and ordered the debtor to pay the outstanding debt, as well as the contractually agreed late-payment penalties.
The decision is of practical interest because it illustrates the conditions under which the special payment-order procedure can be used for the rapid recovery of commercial claims arising from contracts concluded between professionals, as well as the way in which the court examines whether a claim is certain, liquid and due.
Facts as Established by the Court
The Services Agreement and the Obligations Assumed by the Parties
The parties concluded a services agreement for the performance of tower-crane services and works in connection with an extension project for a public institution’s building in the city of Timișoara. The service provider undertook to carry out the transport, handling, assembly, disassembly and storage of the cranes needed for the works.
In performing the agreement, the service provider fulfilled its obligations and issued several tax invoices for the services rendered.
Partial Payment of the Invoices and the Accumulation of the Outstanding Debt
The beneficiary made only partial payments of the total invoiced amounts, paying certain sums during 2024, without however fully discharging the payment obligations it had assumed. As a result of these partial payments, a balance remained unpaid on the first invoice issued, and subsequently the tax invoices issued for the services rendered thereafter were not paid either. The outstanding principal debt reached the amount of RON 77,639.
The Contractual Clause on Late-Payment Penalties
The agreement contained an express clause under which, in the event of failure to observe the payment deadline, the beneficiary would owe late-payment penalties in the amount of 1% per day of delay, applied to the unpaid value of the invoice.
Pursuant to this clause, the creditor calculated the late-payment penalties up to the date the application was filed, and also sought an order requiring the debtor to pay the penalties for the subsequent period, until the principal debt was paid in full.
The Prior Payment Demand
Before bringing the action, the creditor sent the debtor the formal payment demand (somație de plată) provided for by the Code of Civil Procedure, but the debtor did not pay the outstanding obligations.
Applicable Legal Framework
Article 1014 of the Code of Civil Procedure
The court held that the provisions of Article 1014(1) of the Code of Civil Procedure applied:
“The provisions of this Title shall apply to certain, liquid and due claims consisting of obligations to pay sums of money…”
The court also reproduced paragraphs (2) and (3) of the same article, concerning the exclusion of claims registered in insolvency proceedings and the definition of a contracting authority.
Article 1016 of the Code of Civil Procedure
The court also had regard to the provisions of Article 1016 of the Code of Civil Procedure:
“If the debtor does not pay within the term provided for in Article 1015(1), the creditor may file the application for a payment order…”
Article 1535(1) of the Civil Code
With regard to the late-payment penalties, the court relied on Article 1535(1) of the Civil Code:
“Where a sum of money is not paid when due, the creditor is entitled to moratory damages, from the due date until the moment of payment…”
Article 249 of the Code of Civil Procedure
The court applied the rules on the burden of proof, holding that it was for the debtor to prove payment of the claim, in accordance with Article 249 of the Code of Civil Procedure.
Article 1022(1) of the Code of Civil Procedure
The decision admitting the application and issuing the payment order was rendered pursuant to Article 1022(1) of the Code of Civil Procedure.
Articles 451–453 of the Code of Civil Procedure
With regard to court costs, the court applied the provisions of Articles 451, 452 and 453 of the Code of Civil Procedure concerning the bearing of costs by the losing party and the obligation to prove their existence and extent.
Reasons for Which the Court Admitted the Application for a Payment Order
Existence of a Written Contract Between Professionals
The first condition examined by the court was the existence of a contractual legal relationship proven in writing.
The court found that the parties had a services agreement concluded in writing and signed by the representatives of both commercial companies, which satisfied the requirement set out in Article 1014 of the Code of Civil Procedure.
The Claim Was Certain
The court held that the right of claim was undoubted and resulted from the documents filed in the case file.
The certain nature of the claim was based on the existence of the agreement and on the beneficiary’s express obligation to pay the value of the services rendered. Accordingly, the existence of the creditor’s right was not in doubt.
The Claim Was Liquid
The court considered that the object of the payment obligation was determined, or at least determinable.
The value of the services and the method for calculating the price were set out in the agreement and reflected in the tax invoices issued in its performance, which allowed the exact amount of the debt to be established.
The Claim Was Due
The court found that the payment obligations had fallen due.
According to the documents filed in the case file, the contractual payment term had expired, the obligation becoming due 15 days after the issuance of each invoice, the last of which was dated 20 March 2025. Consequently, the creditor was entitled to seek performance of the obligation.
The Creditor’s Claims Were Proven by Documents
The court held that the creditor’s claims were supported by the services agreement and by the tax invoices issued in its performance — documents sufficient to demonstrate the existence and extent of the claim within the special payment-order procedure.
Reasoning Behind the Award of the Contractual Late-Payment Penalties
Application of the Penalty Clause Agreed Between the Parties
The court found that the parties had expressly provided in the agreement for the beneficiary’s obligation to pay late-payment penalties of 1% per day for each day of delay in paying the invoices.
Since the principal obligation was not performed when due, the contractual clause became applicable.
Application of Article 1535 of the Civil Code
The court held that the failure to perform a monetary obligation on time entitles the creditor to moratory damages without the creditor having to prove the existence of actual damage.
Accordingly, the court ordered the debtor to pay the late-payment penalties in the amount of 1% per day, calculated from the due date of each unpaid invoice until full payment of the principal debt.
The Court’s Decision
Admitting the application for the issuance of the payment order, the Cluj-Napoca Local Court ordered:
- the debtor to pay the amount of RON 77,639, representing the outstanding principal debt;
- the debtor to pay the contractual late-payment penalties of 1% per day, calculated from the due date of each invoice until full payment of the debt;
- the debtor to pay the court costs.
Conclusions
The judgment is a relevant example of the admission of an application for a payment order filed for the recovery of commercial claims arising from the performance of a services agreement. The court reiterated that the special procedure governed by Article 1014 et seq. of the Code of Civil Procedure can be used where the creditor proves, by documents, the existence of a certain, liquid and due claim, and the debtor either raises no defense or fails to prove that the payment obligations were discharged. The judgment also confirms the applicability of penalty clauses negotiated between professionals and the possibility of recovering contractual penalties up to the date of full payment of the debt.
The Importance of Drafting the Contract and the Clauses on Late-Payment Penalties
Contractual Penalties Can Quickly Exceed the Value of the Principal Debt
This case is a telling example of the impact that late-payment penalty clauses can have when they are negotiated and accepted without a careful analysis of their long-term economic consequences.
Although the outstanding principal debt was only RON 77,639, the agreement provided for late-payment penalties of 1% for each day of delay, applied to the unpaid amounts. Such a clause, seemingly overlooked in practice by many commercial companies, can, within a relatively short period, generate financial obligations that are several times greater than the value of the original claim.
In the case analyzed, after obtaining the payment order and enforcing the judgment, the bailiff updated the claim by including the contractual penalties accrued up to the date of enforcement. As a result, the total amount pursued exceeded the threshold of RON 400,000, even though the principal debt established by the judgment was RON 77,639.
A Contractual Clause Can Turn a Manageable Debt into a Major Risk for a Company
In practice, many professionals pay close attention to the contract price and the performance deadlines, but treat the clauses on penalties, interest or other sanctions for non-performance with less care.
Yet experience in commercial litigation shows that it is precisely these clauses that become essential in situations of financial difficulty or payment delay. A penalty of 1% per day is not a symbolic sanction, but an obligation capable of generating, within a relatively short time, a debt significantly larger than the principal claim.
Enforcement Can Proceed for the Entire Updated Claim
Another important point is that, once it holds an enforceable title, the creditor may seek enforcement for the entire claim existing on the date of enforcement, including the penalties accrued under the contract and recognized by the judgment.
In such situations, enforcement measures may include the garnishment of bank accounts, the pursuit of the debtor’s receivables, the seizure of vehicles or other assets, and their sale in order to recover the claim.
In the case analyzed, the failure to perform a principal obligation of approximately RON 77,000 led, through the accumulation of contractual penalties and the enforcement procedure, to the pursuit of a claim exceeding RON 400,000, with enforcement measures applied to the debtor company’s assets.
Get Personalized Assistance from the Brisc Legal Team of Lawyers in Cluj
The case presented shows how important it is for a creditor to react quickly when a debtor delays payment of its contractual obligations. It also highlights the effectiveness of the payment-order procedure when the claim is supported by clear documents and an appropriate legal strategy.
In this case, the creditor was assisted and represented by Brisc Legal, a law firm based in Cluj-Napoca with solid experience in commercial litigation, debt recovery, enforcement proceedings and disputes between professionals.
Our team regularly assists commercial companies in the construction, transport, energy, manufacturing and services sectors with:
- recovery of commercial claims;
- obtaining payment orders;
- filing applications for enforcement;
- contesting defenses raised by debtors;
- drafting and reviewing commercial contracts;
- negotiating and enforcing late-payment penalty clauses;
- litigation concerning contract performance and contractual liability.
If you are dealing with unpaid invoices, repeated payment delays, or need assistance recovering a commercial claim, the Brisc Legal – Cluj-Napoca Lawyers team can provide a legal assessment of your situation and identify the most effective strategy for recovering the amounts owed.
Don’t let claims turn into losses. In many situations, prompt legal action can make the difference between a fully recovered claim and one that becomes difficult or impossible to recover. Contact the Brisc Legal team for specialized assistance in commercial litigation and debt recovery.