» 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.
The Romanian Insolvency
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.
Summons of Payment in Romania
NOTE: The Summons of Payment Procedure is no
longer in effect as a result of the enforcement of the Romanian Civil Code. This
procedure has been replaced by the Ordinance of Payment procedures. To read more
on this subject please see
The Summons of payment is a special Court
Procedure designed for faster recuperation of
commercial debt in Romania. This procedure takes place at the
creditor’s request with the purpose of executing freely or forcedly debts
representing obligations of payment of certain amounts, assumed through a
written contract or determined through a different statute, regulation or
written document, agreed upon by the parties by signing or through another
lawfully admitted method and which attests rights and obligations regarding
the execution of certain services, work etc.
It is to be underlined that the procedure of Summons of Payment is only
applicable to obligations implying payment of certain amounts and is
non-applicable to goods.
It is important to note that the Romanian Court might not admit certain
Summons of Payment trials, if the judge considers written proof to be
insufficient; the only admissible proof during the Summons of Payment
procedure being written documents.
Competence for a Court Decision for a request from the creditor belongs to
the Romanian Local Court for civil
cases, respectively to the Tribunal for commercial cases, not depending upon
The procedure institutes a direct way for the creditor to address a request
to the Court without any prior procedure, the first condition for the first
hearing being verifying the possibility for the reconcilement of the
Per the Romanian legislation in effect the citation for Court hearings is
performed on an urgent basis. Also there is one other important advantage
over the Common Law procedure,
namely the much less consistent Court Fees.
Please contact us for more information about
this type of trial in Romania.
DebtCollectionRomania.com has partners with
numerous other debt collection agencies in Europe. If interested please read
our article on how to recuperate debt from French companies.