Accounts receivable are the main cause of cash flow gaps in Moldovan businesses. Many entrepreneurs wait for months, hoping for the partner's integrity, missing the statute of limitations.
Legal practice shows: the sooner the recovery process starts, the higher the chances of getting money back. Let's analyze three stages of legal debt recovery.
1. Pre-trial Stage and Mediation
In Moldova, for many commercial disputes, the mediation procedure has become mandatory or highly recommended. Sending an official payment demand (Somata de plată) with return receipt is the first step.
Important: A correctly drafted demand with penalty calculations (according to Art. 619 of the Civil Code) often motivates the debtor to pay without court intervention to avoid debt growth.
2. Simplified Procedure (Court Order)
If the debt is undisputed (confirmed by reconciliation acts, invoices), there is no point in filing a full lawsuit. It is more efficient to use the Court Order procedure (Small Claims Procedure).
- Speed: Considered faster (often without summoning parties).
- Cost: State duty is lower than for a standard lawsuit.
- Result: You receive the enforcement order in the shortest time.
3. Enforcement (Bailiffs)
Obtaining a court decision is only half the battle. Next, the Bailiff (Executor Judecătoresc) steps in. They have the right to seize accounts, assets, and ban the debtor's director from leaving the country.
Lawyer's Summary
Do not wait. The general statute of limitations in Moldova is 3 years. If your counterparty stops communicating — initiate the mediation procedure immediately.