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Common procedures to recover debts

From 2013, when changes over the Romanian Civil code have taken place, the procedures related to debt collection have changed. At the moment, there are three legal methods for a creditor to recover debts.

  1. A law trial
  2. Ordinance of payment
  3. Claim procedure, when the debt to recover is smaller than 10.000 eur

Both the common procedure and the special procedures for recovering debts are regulated by the Romanian Code.

The common law procedure

As stated above, this procedure is governed by the Romanian civil procedural code. It can be applied to any dispute where no special procedures are a good fit, representing the common law standards. This procedure is formed by two stages: an oral one and a written one and any kind of proof is allowed in court: expertise, witnesses, documents, files or interrogation. 

The petition for the common debt recovery procedure must be filed at the court that is competent to judge on the merits of the case, this being established by the general competence rules. In Romania, the lowest court is Judecatoria, which has the material competence for claims up to 45.000 euro. The Tribunal will judge the cases in which the amount goes higher than 45.000 euro. In addition, the territorial competence is where the headquarters of the defendant is established. Still, this procedure has some costs according to the value of the claim, as shown below:

  • up to of 500 RON – 8% (not less than 20 RON)
  • 501 RON to 5,000 RON – 40 RON + 7% for the amount over 500 RON
  • 5.001 RON to 25,000 RON – 355 RON + 5% for the amount over 5.000 RON
  • 25.001 RON to 50,000 RON – 1.355 RON + 3% for the amount over 25.000 RON
  • 50.001 RON to 250,000 RON – 2.105 RON 2% for the amount over 50.000 RON
  • More than 250.000 RON – 6.105 RON + 1% for the amount over 250.000 RON.

 

After 30 days from the date that the court communicated its decision, the parties can submit an appeal at the Tribunal, and also, after 30 days after the new decision has been communicated by the court (recurs) the parties can file a last appeal. Still, the party that wants to file the second appeal (recurs) must be accompanied by a legal adviser or lawyer.

Recovering debts from people that you cannot reason with might be frustrating, time consuming and hard, therefore asking for legal advice will help you go through the process easier and faster. Do not hesitate to contact our lawyers in Bucharest for more information.

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