Debt recovery by ordinary procedure, payment order or small value claim procedure in Romania

Any business, regardless of the industry, may face a situation where a commercial partner or client fails to fulfill their payment obligations, thereby affecting cash flow and financial stability. While negotiations and amicable solutions are the first approaches to consider, there are cases where the debtor refuses to pay or delays invoice settlements. In such situations, recovering outstanding amounts may only be possible through the court.

The team of lawyers in Romania at Blaj Law assists in recovering unpaid debts from debtors, whether you are a local company or a foreign business dealing with non-paying clients in Romania, by providing legal representation in court proceedings through simplified procedures such as payment order or small claims requests, as well as in standard legal procedures.

Payment Order Procedure in Romania

One of the simplified debt recovery procedures in Romania is the payment order procedure. Among the advantages of this procedure are the significantly shorter processing time and a fixed, low-value court fee. According to the Code of Civil Procedure, the payment order procedure applies to
“certain, liquid, and due claims consisting of payment obligations arising from a civil contract, including those concluded between a professional and a contracting authority, recorded in a document or determined according to a statute, regulation, or another document signed by the parties or accepted in another legally recognized manner.”

Before filing a payment order request in court, as a preliminary step, the creditor is required to formally notify the debtor, granting them a period of 15 days to settle the debt. If the debtor does not respond to this notification, the court can issue the payment order within a maximum of 45 days from the submission of the request.

Furthermore, once the court issues the ruling, a payment deadline will be set for the debtor, and if they fail to make the payment, enforcement proceedings can begin without the need to wait for a final or enforceable decision, as is required in a regular lawsuit.

According to Article 1.022, paragraph (3) of the Code of Civil Procedure, the deadline granted to the debtor by the court
“shall not be less than 10 days and shall not exceed 30 days from the date of communication of the order. The judge may not set another payment deadline unless the parties agree on it.”

The main advantage of this procedure lies in the short resolution time, making it ideal for the quick recovery of claims. Additionally, the associated costs are relatively low, and the court fee is fixed, regardless of the amount claimed. The payment order procedure is an effective solution for both business-to-business (B2B) claims and those between professionals and consumers (B2C).

Small Claims Procedure in Romania

For lower-value claims in Romania, the small claims procedure offers a simplified alternative. This procedure applies to claims not exceeding 10,000 lei and allows for a quick resolution without high costs. The court fee is 50 lei for claims up to 2,000 lei and 200 lei for claims between 2,000 and 10,000 lei, making this method affordable and efficient for creditors seeking to recover smaller amounts. The procedure is conducted in writing and takes place in the judge’s chambers, meaning the judge will review the submitted documents and issue a ruling without requiring the parties to be physically present in court.

Blaj Law provides clients with a strategic approach, starting with an analysis of each client’s situation, identifying the most suitable course of action, and drafting and filing claims before the courts.

Recovering claims through simplified procedures is an efficient solution for creditors facing non-payment for goods delivered or services rendered, and specialized legal assistance significantly increases the chances of successfully recovering debts.

Standard Legal Procedure in Romania

The standard legal procedure is the appropriate solution for debt recovery in cases where, due to the complexity of the legal relationship, a payment order or small claims request is not applicable. This procedure provides flexibility and allows the creditor to assert their rights through a claim action, whether arising from a contractual relationship or a tortious act causing damage. Unlike special procedures, which have restrictive conditions regarding the admissibility of evidence, the standard legal procedure does not impose such limitations, allowing a wide range of evidence to support the claim.

In business relationships, it is common for parties not to formalize contracts in writing, relying on mutual trust and verbal agreements. While this practice is widespread, it can become a serious issue if one party fails to fulfill their obligations. The absence of a written contract complicates the debt recovery process and requires filing a standard legal claim in court to establish the existence of the debt.

Regardless of the complexity of the case, the Blaj Law team thoroughly analyzes each client’s situation to determine whether a payment order request, small claims request, or a standard legal action is the best approach.

If you are dealing with non-paying clients, all you need to do is contact us, and we will request the necessary documents to initiate the recovery process, either through a payment order or small claims request, or by filing a standard legal action.