You delivered the goods or performed the service. You issued the invoice. 30 days passed, then 60, then 90. The debtor's phone rings, but nobody picks up — or they pick up and say "next week, for sure", month after month.
For a business, an unpaid invoice is not just a difficult client. It is a cash-flow problem: you are, unwillingly, financing someone else's activity. Below is a practical sequence — from evidence to escalation — without turning a commercial relationship into an unnecessary fight.
Review the documents and evidence first
Before any call or email, go through the file. A claim without paperwork is hard to prove, including if you later go to court.
- The contract — is it signed? Are the payment terms clear?
- The invoice — are the mandatory details complete and consistent with the delivery?
- Proof of delivery or performance — delivery notes, handover minutes, confirmation emails
If pieces are missing, collect confirmations while you still can. Do not escalate on an empty file.
First contact: a professional reminder
The common mistake is silence out of "respect" or fear of bothering the client. A customer who misses the due date is using you as free financing. You do not need aggression — you need a written trail.
Send a short email: "Invoice #X, due on Y, is overdue by Z MDL. Please confirm receipt and the estimated payment date." No reproach. If they reply with a date, note it and follow it. If there is no reply within a few days, call and confirm the call in writing afterwards.
From an informal reminder to a formal payment demand
If the reminder does not produce payment or a firm commitment, change register. A chain of polite emails followed by giving up leaves the file hanging.
A payment demand (somație de plată) is not a request. It records the amount, the legal basis (contract and invoice) and the fact that the debt is due. In practice it should include:
- the exact amount owed
- a clear payment deadline (usually a few working days, for example 5–15)
- reference to the contract and the invoice
- a mention that non-payment may lead to court action and, later, enforcement
Send it by email and by registered mail with acknowledgement of receipt. It becomes evidence that the debtor was notified. The commercial page on the payment demand explains the instrument; this article remains the creditor's sequence.
Negotiation and a payment schedule, where it makes sense
Sometimes non-payment is cash flow, not bad faith. Before escalating you can propose instalments, a small discount for immediate payment, or an extended but firm deadline. A discount in the order of 10% for immediate settlement can be reasonable; a 50% cut "to break even" is capitulation, not negotiation.
Put any agreement in writing. A verbal promise is worth nothing if the debtor changes their mind.
When amicable recovery is no longer efficient
After a demand and a short negotiation window, ask the right question: is further amicable effort still worth it, or should the file be prepared for a legal path?
Three anchors: the amount (does it justify the effort?), the evidence (contract, invoices, delivery?), the debtor (active business and seizable assets, or a shell?). If demands are ignored, calls avoided, or promises broken repeatedly, stretching the amicable stage only burns time — including against the limitation period.
The operational amicable stage is described on the amicable recovery service page. This article does not replace that page: here you decide when it still makes sense to continue on your own.
When to consider legal escalation
If the amount is material (in practice, from around 20,000 MDL up), the documents stand up, and the debtor is economically active, a legal path is worth considering. A poorly prepared claim costs time and money and can consume the limitation window.
Legal recovery is the commercial page for coordinating that stage — not this guide.
What not to do
- Wait without a written trail. Each month makes recovery harder. Doing nothing is often the most expensive option.
- Rely on phone calls without evidence. "We spoke" is not proof. Delivery, invoice, demand, refusal — all in writing.
- Negotiate without leverage. A documented plan or a small discount. Do not give away half the claim just to "close the subject".
- Threats, harassment, public shaming. Night-time calls, insults, social posts — unlawful and usable against you in court.
- Illegal pressure. Blocking goods, unauthorised withholdings, violence — that is not recovery; it is criminal and civil risk.
Next step
The short path: evidence → written reminder → formal demand → documented negotiation → a decision on whether amicable recovery is still efficient. If the file is already at notice stage and you want it taken over, use amicable recovery. If you need the demand letter as an instrument, somație de plată is the commercial owner of that intent.
For a file review, contact the team or send an evaluation from the homepage. This article stays informational; the service offer sits on the pages above.