This particular judicial proceeding is regulated in art. 1025 (and following) of the Civil procedure Code. This is an expedited procedure for claims recovery, derogatory from common law, that can be used by the creditor if its debtor has not paid its outstanding debt in due time.
It shall apply for the settlement of claims with a value of up to and including 10.000 lei.
One important aspect is the fact that this special proceeding is optional, with the
plaintiff being able to choose either this or the common law proceeding.
A key prerequisite for this procedure is that the request should be of no more than 10.000 lei (approx. 2.000 Euro), without taking into account interest, legal fees and other accessories. If this condition is not met, the common law procedure shall apply.
The proceeding for settlement of small claims (Small claims judicial proceeding) is initiated by submitting an application before the competent court. The application will be submitted together with copies of the documents which the applicant intends to use to prove his claim.
In order to facilitate the work of the courts, this procedure is, in principle, written.
Being a special procedure, its purpose is to be faster than the common law procedure.
The court will pronounce and draft the decision within 30 days of receiving all the necessary information or, as the case may be, of the oral debate. If the court does not receive any answer from the parties within the above-mentioned deadlines, it will take the decision referring to the documents in the file.
The decision of the first court is legally enforceable, which means that the party who won the case can address the bailiff in order to start the enforcement on the amounts established by the court.
The decision can be appealed to the court within 30 days from the communication. The decision of the appellate court is final.
The losing party will be ordered to pay the costs that where made with the legal procedure.
Consequently, although the procedure is regulated to be simpler and faster than the common law, in practice various problems may arise and the time limit for settlement may be extended, so it is advisable to consult a lawyer to draft the application. , to start the procedure and to fulfill all the steps before the court.
For any other information or services, please contact us.
“Andreea Sersea” Law Office
Zefirului Street, No. 19, Sector 2, Bucharest.
+40 0773 340 401