7. EXTRAJUDICIAL DEBT COLLECTION 

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:

• Written letters of demand and phone calls: We send a written letter of complaint to the debtor and contact them by telephone, demanding that they settle the fee within a few days, together with interest and costs
  

• Request for seizure of assets: In Romania, if you have an outstanding petition, the acquisition of the debtor's movable and (immovable) assets may be requested. This is only an alternative if it has already begun legal proceedings to seek a compliance order. The borrower may also seek to recover receivables owed by third parties to the debtor under these same conditions;
  

• Announcing legal proceedings: If no payment is made, we will begin legal proceedings in consultation with you. The declaration of legal proceedings often will convince the Romanian customer to pay.
  

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8. JUDICIAL DEBT SETTLEMENT

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.

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EUROPEAN ORDER FOR PAYMENT PROCEEDINGS

In the case of an uncontested dispute between two parties located in EU Member States (except Denmark)

European order for payment proceedings may be initiated.

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.

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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.