A client, partner, or tenant pays you late. The law gives you an automatic compensation right: late-payment interest. I show you how to calculate and claim it. Check any amount in my late-payment interest calculator.
Legal basis
Art. 942(1) of the Civil Code gives you the right to late-payment interest from the day immediately after the due date until the day of payment, for any money that the debtor fails to pay on time.
Interest rate
Art. 942(2) sets the rate:
- the NBM base rate plus 5 percentage points per year, when the debtor is a consumer;
- the NBM base rate plus 9 percentage points per year, in other cases, such as between companies.
Art. 874(2) tells you which NBM rate to use: use the rate in force on January 1 for the first half-year and the rate in force on July 1 for the second half-year.
NBM rates by half-year
| Half-year | NBM base rate | Rate between professionals (+9) | Consumer rate (+5) |
|---|---|---|---|
| 2024, first half | 4.75% | 13.75% | 9.75% |
| 2024, second half | 3.60% | 12.60% | 8.60% |
| 2025, first half | 3.60% | 12.60% | 8.60% |
| 2025, second half | 6.50% | 15.50% | 11.50% |
| 2026, first half | 5.00% | 14.00% | 10.00% |
| 2026, second half | 7.00% | 16.00% | 12.00% |
Example
A company owes you 10,000 lei due on January 31, 2026, and pays on March 2, 2026. The delay lasts 30 days. The rate for the first half of 2026 equals 5% + 9 = 14% per year:
10,000 × 14% × 30 / 365 = 115.07 lei.
If the delay runs past June 30, calculate the second-half days separately at 7% + 9 = 16%. The calculator gives you the half-year breakdown immediately.
Interest or surcharge?
If the contract provides a late-payment surcharge, choose one: claim late-payment interest or the surcharge (Art. 942(4)). Do not claim both for the same delay. Compare the amounts before you send the demand.
A consumer debtor can prove that your actual loss is lower than the statutory interest (Art. 942(3)). Any clause that puts the consumer at a disadvantage compared with this article has no legal effect.
How to claim the money
- Send a written demand with the amount owed, the calculated interest, and a payment deadline.
- Keep proof of delivery: an email with confirmation, a registered letter, or a document delivered for signature.
- File a statement of claim in court if the debtor does not pay. Calculate the state fee first.
- Start enforcement proceedings after you obtain the judgment.
What to do next
Calculate the interest in the calculator and read how I work with contracts, debt, and enforcement. If you want to recover a large amount, book a consultation. I will check the contract, limitation period, and real prospects of enforcement.
The guide gives you general information as of the update date. Book a consultation for advice about your case.
