In general, the right of claim arises from a legal relationship between the parties on the basis of a signed agreement. Most of the time, the creditor obtains the debt recovery in Romania amicably, being the fastest way to settle the dispute. Amicable settlement is the most effective method of recovering unpaid debts in Romania as it involves avoiding the costs that would be necessary for other debt recovery procedures in Romania by following up on, at the same time, saving the legal relationship. When the parties do not reach an agreement, the legislator provided for the recovery of claims in the new civil procedure code, establishing several debt recovery alternatives. Pavel, Margarit and Associates Romanian Law Firm recommends contacting a debt recovery lawyer in Romania who specializes in civil litigation, debt recovery litigation and enforcement proceedings that can provide you with legal advice on debt recovery in Romania.
As a preliminary procedure, the creditor may request compliance with the payment obligation by means of a letter of claim through the bailiff in Romania. At a practical level, the debtor usually complies to avoid the additional costs that would result in the other ways of debt recovery procedures in Romania. The letter of claim in Romania gives the creditor the opportunity to obtain the unpaid debts in a reduced time with minimal expenses.
The Romanian law also provides for other ways of achieving the right of claim, such as the common law procedure or other fast legal debt recovery process in Romania (such as warrant of payment, small track claims or registration at the statement of assets and liabilities if the debtor is insolvent).
A debt recovery attorney specialized in civil litigation, debt recovery litigation and enforcement proceedings in Romania can can provide you with legal advice on debt recovery in Romania, in the context of amicable settlement by conducting negotiations, as well as in the other ways of achieving the right of claim, by developing strategies of constraint of the debtor which may result in a debt lawsuit in Romania.
The common law procedure consists of bringing an action to court by filing a petition for a summons. The advantage of the common law procedure is that documentary evidence, interrogations, expertise or any other evidence leading to the resolution of the dispute can be administered, so that the creditor obtains the unpaid debts in Romania.
With regard to the small track claim procedure in Romania, it leads to a faster settlement. In this legal debt recovery process in Romania, interest, court costs or other ancillary income are not taken into consideration, and it is necessary that the value of the small track claim does not exceed 10,000 lei at the time of the court’s referral.
Another quick debt recovery action in Romania is the warrant of payment, which applies to certain, liquid and exigible debts and consisting of obligations to pay the amounts of money resulting from an agreement. In this debt recovery action in Romania, the creditor will communicate the letter of claim to the debtor through the bailiff, and if he does not pay within the time limit set out in the letter of claim, the creditor may start a debt lawsuit in Romania.
As regards the recovery of claims by registering the statement of assets and liabilities in case the debtor is insolvent, the creditors become parties to the insolvency proceedings opened against the debtor. Thus, the official receiver, in the context of the insolvency procedure, will examine each application for registration at the statement of assets and liabilities and will send a notification to all creditors, giving them the opportunity to challenge the ruling opening insolvency proceedings. Once the insolvency procedure is completed, the resulting amounts will be distributed to creditors which will cover the unpaid debts.
„Pavel Margarit & Associates Romanian Law Firm assisted numerous clients in debt recovery procedures in Romania, and the debt recovery lawyers specialized in civil litigation, debt recovery litigation and enforcement proceedings in Romania have extensive experience in this field”, said the Managing Partner of the Pavel Margarit and Associates Romanian Law Firm, Radu Pavel.
In conclusion, debt recovery can be done amicably, being the hypothesis that involves the lowest costs and the least time, by common law procedure or other rapid debt recovery procedures in Romania, such as warrant of payment, small track claims or registration at the statement of assets and liabilities if the debtor is insolvent in the event that the debtor is insolvent.
You can get in touch with one of our debt recovery lawyers who specialize in civil litigation, debt recovery litigation and enforcement proceedings in Romania by filling in the contact form on our website, https://avocatpavel.ro/contact/.