Enforcing Claims in Civil Proceedings

Are you or your company owed money? Do you have significant receivables? If the debtor refuses to pay or you are a victim of a chain of debts, you have the following options for enforcing overdue claims.

1. Filing a Lawsuit:
Article 194 of the Civil Procedure Code allows creditors to initiate proceedings in a common law court, where the claimant must demonstrate the basis and amount of their claim to the court. Advantages of this procedure include the ability to request not only documentary evidence but also other types of proof (such as expert opinion, personal hearing of the defendant, and witness testimony) to substantiate claims. However, a drawback is the relatively high stamp duty, calculated based on the claim’s value, which must be paid when submitting the lawsuit. Additionally, the process can often be lengthy.

2. Payment Order Procedure:
Creditors may also use a payment order procedure against the debtor, regulated by Articles 1013–1024 of the Civil Procedure Code. A payment order can enforce a certain, due, and collectible claim for a monetary obligation arising from a civil contract and substantiated by a document or established by a statute, regulation, or other mutually accepted document.

The process is slightly delayed by the requirement for the creditor to notify the debtor, allowing a 15-day period to fulfill the payment obligation before filing the lawsuit. The advantages include a low stamp duty of only 200 lei and a shorter procedure, which ideally could conclude in 45 days from the registration of the claim.

The decision becomes enforceable and final if no request to annul the payment order is filed, or if such a request is denied by the court. A limitation of this process is that the court bases its decision solely on the documents and explanations provided by the parties; if the defendant disputes the claim or further evidence is necessary, the court will reject the request for issuing the payment order. In such a case, the creditor can pursue a standard lawsuit.

3. Small Claims Procedure:
A recent addition is the small claims procedure (Articles 1025–1032), which is only available if the claim amount does not exceed 10,000 lei at the time of filing. This procedure does not apply to matters listed in paragraphs 2 and 3 of Article 1025, such as tax, customs, and administrative cases; legal capacity of individuals; rights derived from matrimonial regimes and inheritance; bankruptcy, labor law; rental of real estate, among others.

Advantages include a low stamp duty — 50 lei for claims below 2,000 lei and 200 lei for claims over 2,000 lei, which is significantly lower than in standard proceedings. This is a written procedure based on a standard form, and legal representation is not required. Another benefit is time efficiency, as the court issues a ruling within 30 days from receiving all necessary information for judgment.

The decision is enforceable but may be appealed within 30 days from notification of the judgment.

Additional Considerations:
If the contract we entered lacks sufficient effective guarantees, if our partner is solvent, and if court action is the only solution for claim enforcement, it is important to consider the aspects mentioned above (costs, time efficiency, enforceability, etc.) and to remember that claims are subject to a three-year statute of limitations.