Within the Romanian judicial system, there are many ways of settling disputes. One of the quickest and most efficient methods is the use of a payment order. This special court procedure offers a simplified way for the parties involved to get justice quickly in cases where there are unpaid debts or disputes over sums of money within the limits set by law.
What is a payment order? The payment order is a special court procedure governed by the Code of Civil Procedure. It allows the holder of a claim to ask the court to issue a judgment on the basis of a simplified application, provided that the claim is certain, liquid and payable. This method of dispute resolution is available to both natural and legal persons.
Court procedure for payment orders:
- Filing the application: The procedure starts with the application for the order for payment to the competent court, which can be a court or a tribunal. The application must contain the identification details of the parties, a detailed description of the claim and relevant evidence.
- Verification of the application: After the application has been filed, the court will verify that the legal conditions for issuing the order for payment are met. If the claim is complete and the claim is certain, of a fixed amount and due, the court will, after closing the proceedings, issue the order for payment and communicate it to the defendant.
- Defendant's opposition: The defendant has 15 days to oppose the application for the order for payment by lodging a statement of defence. If the defendant's defences are well founded or if further evidence is necessary for the resolution of the case, the court will reject the application and direct the parties to follow the ordinary procedure.
- Enforcement procedure: If the order for payment is accepted and the time limit set by the court for payment of the claim has been exceeded, the creditor may request the commencement of enforcement proceedings. This may include seizure of the debtor's assets or other legal measures to recover the amount due.
Advantages of the payment order:
- Speed: The payment order provides a fast and efficient solution for settling debt disputes concerning money. The procedure is simplified and the courts have a short time to issue the judgment.
- Saves time and money: The use of the payment order reduces the costs and time allocated to settling a dispute, as the procedure is simpler and faster than a traditional court action, with a fixed court fee of 200 lei.
- Accessibility: The order for payment procedure is accessible for both individuals and legal entities.
The payment order is a fast and efficient way of settling disputes in the area of money claims in Romania. The simplified court procedure and short deadlines make it an attractive choice for those who want to recover unpaid debts. However, it is important to study the relevant legislation in order to properly understand all aspects and procedures involved in the use of the payment order.
At MC Recovery we successfully apply this way of recovering debts, analysing the opportunities and providing ongoing advice to the creditor throughout the legal proceedings.
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