Low-value claim in Romania
Debt recovery lawyer in Romania. What is a low-value claim in Romania?
A low-value claim procedure in Romania is a simplified method of debt recovery in Romania aimed at the rapid and efficient resolution of low-value disputes. Among the methods of debt recovery in Romania regulated by both common law and special laws are the payment order, the enforcement procedure, the debt recovery through insolvency, an action for claims, or a special and optional procedure such as the low-value claim procedure in Romania.
The special and optional nature of a low-value claim procedure in Romania lies in the fact that it contributes to the simplification of all legal steps through standardized forms, shorter deadlines, and reduced formal requirements, but also in the fact that the parties can choose whether they want to use this procedure or if their dispute will be subject to common law rules.
A creditor’s claim can be recovered through the low-value claim procedure in Romania only if the value of the claim does not exceed the amount of 10,000 lei, not including interests, legal costs, or ancillary income.
Lawyer for low-value claims in Romania. Categories of applications not covered by the low-value claim procedure in Romania
Firstly, for this method of debt recovery in Romania to be applicable, the claim must not exceed the threshold of 10,000 lei at the date of filing the low-value claim form in Romania with the court. However, besides this aspect, there are several other limitations, such as: disputes arising in fiscal, customs, administrative matters, or concerning state liability for actions or omissions in the exercise of public authority. Moreover, this special and optional procedure cannot be used for claims regarding civil status or the capacity of natural persons, property rights arising from family relationships, inheritance, insolvency, liquidation, arrangement with creditors, social insurance, labor law, arbitration, infringements on the right to privacy or other rights concerning personality, and rental of immovable property, except for actions aimed at the payment of a sum of money. Consulting a litigation lawyer in Romania is advisable when facing a situation involving debt recovery in Romania. A debt recovery lawyer in Romania can initially advise you on the best method to follow for the quick and successful resolution of the case, whether it involves a payment order, enforcement procedure, or the low-value claim procedure in Romania. Additionally, a lawyer for low-value claims in Romania ensures constant communication with the client to clarify all legal aspects related to the procedure, thus guaranteeing transparency in the lawyer-client relationship.
Litigation lawyer in Romania. Initiation of a low-value claim procedure in Romania
To initiate the low-value claim procedure in Romania, the claimant who wishes to use this method of debt recovery in Romania must complete a low-value claim form in Romania, which they can submit/send personally or through a litigation lawyer in Romania to the competent court to resolve the case. A low-value claim form in Romania is approved by order of the Minister of Justice and contains information to help identify the parties, the value of the claim, or other relevant information for adjudicating the case.
The competence to resolve low-value claims in Romania in the first instance belongs to the district court, and territorial competence is generally given by the domicile or headquarters of the defendant, the place where the obligation was executed, or other criteria specific to each type of dispute.
Along with the low-value claim form in Romania, copies of the documents that the claimant will use to obtain the due claim are also sent. The court may grant an additional term when it considers that a low-value claim form in Romania has not been correctly completed or when the information provided is not sufficient for resolution. If the claimant does not comply within the term set by the court, the court cancels the claim.
An essential aspect that pertains to the alternative nature of the claim refers to the situation where the claimant files a lawsuit with the court. In this case, the claim is resolved according to the common law procedure, and this can only be changed if the claimant expressly requests the application of the low-value claim procedure in Romania no later than the first court hearing.
In the event that the claim cannot be resolved by applying the rules regarding low-value claims in Romania, the court is obliged to inform the claimant, and if the claimant does not withdraw the claim, it will be adjudicated according to common law.
Lawyer for special and optional procedure. Settlement of the claim
The method of debt recovery in Romania through submitting a low-value claim form in Romania is a special and optional procedure due to the fact that it is written and takes place entirely in the council chamber. The parties involved in the litigation must appear for oral debates only if the court deems it necessary or at the request of one of the parties. At this point, collaboration with a lawyer for low-value claims in Romania is essential, as they can represent you at the dates set by the court or assist you so that the presentation of arguments is done in a clear and convincing manner, maximizing the chances of success.
After the court ensures that the low-value claim form in Romania is correctly completed, it sends the response form to the defendant along with all the documents submitted by the claimant. The defendant has 30 days to send the completed response form along with copies of the supporting documents they decide to use.
Additionally, the defendant may respond with a counterclaim formulating their own claims against the claimant, if applicable. Within 30 days of making such a counterclaim, the claimant is obliged to complete and send the response form to the court. Although there are some counterclaims that cannot be judged through the special and optional procedure, as they do not meet the legal requirements, they can still be resolved according to common law.
A debt recovery lawyer in Romania can help you with drafting and completing the forms, applications, or fulfilling other specific procedural acts for low-value claims in Romania or for a payment order.
After receiving all the necessary information, the court issues the decision within 30 days of receiving all the necessary information or, in their absence, only based on the information in the case file.
The Romanian Law Firm Pavel, Margarit and Associates provides legal advice and legal assistance services in debt recovery, especially regarding assistance in the low-value claim procedure in Romania . A lawyer for low-value claims in Romania can support you in the low-value claim procedure in Romania, having great experience in dispute resolution. In order to benefit from our professional support and for debt recovery lawyer advice, we invite you to fill in the contact form available on our website https://avocatpavel.com/contact/.
Don’t navigate these challenges alone. Contact Us today for expert assistance tailored to your needs.
Lawyer for low-value claims in Romania. Effects
The decision regarding low-value claims in Romania is enforceable by law, and the losing party is obligated to pay the court costs upon request from the other party. However, to prevent abuse of this right, the court does not award the winning party costs that were unnecessary or disproportionate to the value of the claim filed.
A dissatisfied party with the outcome of the low-value claim procedure in Romania can appeal to the tribunal within 30 days of notification. If there are valid reasons, the appeals court may suspend enforcement by depositing a bond equivalent to 10% of the contested amount. After considering all aspects, the appeals court issues a decision communicated to the parties and finalizes the matter.
Low-value claims in Romania are stamped with 50 lei if the claim value does not exceed 2,000 lei, and with 150 lei if the claim value exceeds 2,000 lei.
Therefore, the low-value claim procedure in Romania is a judicial procedure aimed at the swift resolution of claims valued up to 10,000 lei, thereby facilitating access to justice in cases involving relatively small sums of money. The advantages of this procedure include short processing times, significantly reduced costs, and procedural simplicity.
The Romanian law firm Pavel Mărgărit and Associates recommends engaging the services of a litigation lawyer in Romania for drafting necessary documents in the low-value claim procedure in Romania, representation at court hearings, and ensuring full understanding of the consequences at each stage to aid in debt recovery in Romania.
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