» Summons of Payment
This is a quicker
procedure that relates to debts representing obligations of payment of certain
amounts, assumed through a written contract or determined through a different
statute, regulation or written document, which attests rights and obligations
regarding the execution of certain services, work etc.
» Common Law
This is the basic,
usual type of trial foreseen by the Romanian Law for the recuperation of
debts. This method is considered slower that the Summons of Payment and it
requires sending an official notification to the debtor and establishing a
date and time for negotiations as a pre-trial step. There are certain
timeframes to be taken into account when starting this type of trial.
insolvency procedure provided by the Romanian law applies to debtors who are
insolvent or imminently insolvent. The procedure will begin with a petition
filed in court by the debtor or by creditors, and any other persons or
institutions mentioned by the law.
Debt Collection in France
Even if France
is the 5th world economy and offers attractive market conditions for foreign
investors, some of them might have problems with debt collection. In order
to avoid difficult situations, such as loosing money or liquidate companies
because of the reduced cash flow, the businessmen should be very careful
when it comes to
There are a few steps that must be followed in order to ensure a recovery of
a certain debt. The first step is to demand the paying to be done
immediately, when you see that the deadline expired and the money are not in
your bank account. If you have a contract with your business partner, it’s
advisable to stipulate what happens in case the payment is not made until
the deadline, such as penalties or other measures against the part who is
late with the payment.
If your business partner is not impressed with these stipulations in the
contract, you may remind him that the deadline expired and the amount he has
to pay. After sending one, two or even many reminders to your debtor and he
doesn’t pay the money, then you can contact a lawyer. If you need assistance
for your business in France, you can call our local lawyers.
For debt collection in France, there are extrajudicial collections and
court-ordered collection of the debts. Extrajudicial collections are solved
between the two parts and a lawyer which together come to a conclusion about
the payment and the debt is recovered.
If the debtor doesn’t pay, the case is judged by court where it can be
solved in a few months. The Commercial Court is the entity where these types
of trials are judged. You need a few documents to present in court: copies
of the contract, invoices, orders and a statement of the bank account and
other acts proving the payment hasn’t been made.
Another way to recover a debt is to contact a debt collection agency that
has great skills in negotiating with entities that refuse to pay the debts.
If the agency doesn’t succeed in solving the case, you should take legal
action against the debtor.