1.1 Sending a reminder is not mandatory in Romania, but we urge you to send a reminder immediately. In your notice, please note that if payment is not made with Romania, a payment delay of between fifteen and thirty days is normal. If you do not, the Court can determine that you are liable for the repayment costs of your own debt.
1.2 Record everything in written form, including a signature, and always submit important documents and communications by registered mail. There has to be indisputable evidence of all negotiations in Romania.
2.1 Our Romanian debt recovery attorneys have vast experience and knowledge of the Romanian laws and rules. Therefore, they are fully aware of the Romanian business traditions and culture. Which makes getting your Romanian debtor to pay quickly easier.
3.1 Our lawyers know both the language and Romanian, which allows them to quickly transcend language barriers.
4.1 Our business debt recovery strategy is tailored to every single case, and we provide tailored advice to you.
5.1 We will always offer our honest advice on the likelihood that your debt recovery will be successful. It is vital to us to put your needs first; we are endeavoring to provide you with your choices and guidance on the best route to take. It is clear to see how we are upholding our core values of honesty and justice.
6.1 You should break the debt collection process in Romania into two stages. Selection takes place during the extrajudicial process, without the intervention of the Court. We include the Court during the legal process, in order to make the Romanian debtor pay.
6.2 Because we are a debt collection firm, we are able to assist you in both processes. Many disputes in Romania are settled during the extrajudicial process, without the intervention of the Court.
7.1 In theory we often continue with the extrajudicial step of the debt collection cycle. We're trying to avoid the need to go to Court during this phase, as this can be expensive. We'll be calling your Romanian debtor to make sure your debtor pays. We do have the following options at this stage:
8.1 If your debtor refuses to pay during the extrajudicial process we can go to the Court without negotiation with you. We will always provide you with information about the possible costs in advance and we will only continue with your permission.
8.2 Similar cases treated by various courts in Romania can have quite different outcomes. In fact, the authenticity of arrangements made via email, for example, may be determined differently by each Court.
8.3 Our Romanian attorneys have the knowledge and experience to help you with your debt recovery problem in Romania in the best way possible. We have the following options to get the invoice during the judicial phase:
8.4 Small claims litigation ("Procedura privind cereri de valoare redusă"): while we warn against it, such hearings can be performed without a lawyer. These proceedings over charges with a principal amount of no more than 10,000 Romanian RON (around € 2,200) may be launched.
8.5 You will need to fill out a form with the case's specifics and forward it to the Court. Your debtor will provide a document allowing him to provide evidence of the contrary. For average, it will take the Court 90 days to issue a ruling.
8.6 The Court may also use other sources of testimony in addition to the written documentation, such as calling witnesses or professional experts. Another condition of the small claims process is that the expense is not excessive to the loan size;
8.7 Reimbursement order ("Procedura somaţiei de platā"): You can launch reimbursement proceedings at the Romanian Court for a court fee of only forty Euros, together with a lawyer. This is the most successful way to obtain an enforceable decision from the Court within three months. The principal amount for these cases is not subject to a cap;
8.8 Ordinary civil proceedings: If the judgment on which the claim is based is not properly recorded in writing, the false charges or request for arbitration processes can not be dealt with. Your argument also has to continue in an ordinary civil procedure. Our Romanian debt recovery attorneys are happy to advise about your options.
In the case of an uncontested dispute between two parties located in EU Member States (except Denmark)
In your situation, the prosecutor who manages the case will decide whether this kind of action is acceptable.
The creditor usually fills out a standard form for EU Order for Payment procedures and submits this to the Tribunal.
Instead, the Court issues a Local Transaction Notice. The debtor then has 30 days to decide whether they object to the charge.
If no notice is obtained within the 30-day span, you can require the Court to finalize the payment order (called a "declaration of enforceability"). This decision is true and enforceable and is recognized in any Member State (except Denmark).
The EU Payment Order is never appropriate for contested issues (so not in situations where there is a disagreement over the invoice).
The benefit of this process is flexibility and low cost (some Member States don't even impose a court fee), but the drawback is that if it gets challenged, the case stops, and if the claimant wants to continue, a regular civil action will have to be launched.
- Contact your customer and demand why no payment has been and when exactly it will be.
Always request the payment copy sent to you.
- Are you not able to solve the problem with your customer? Send them a certified letter requesting immediate payment.
- Be conscious that with ambiguous payment terms or arguments, your Romanian debtor may try to gain additional time.
Persevere, be direct and never postpone.
- In Romania, a payment period of three to seven days is normal
Our Romania debt collection experts have comprehensive experience and perspective of Romanian laws and policies.
Therefore they are perfectly aware of Romania trading values and traditions.
Which makes it easier for your Romanian debtor to quickly make payments.
Contact Us and Get our comprehensive article about how to collect a debt in Romania, using the amicable and legal options. This is best debt collection guide on Romania your will ever find.
Because we can start collecting today. Our technology enables us to give you best in class collection services so we can locate the individual debtor quickly, and get you paid today.
We follow your instructions at all times and ensure regular communication with you via collection reports, recommendations regarding debtor payments, payment plans and, where necessary, repossession and Court proceedings.
We have prepared for you a comprehensive article about how the debt collection process works in Romania.
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