Methods of debt recovery – 4. European payment order
The European legislator has come to the aid of litigants with fast and inexpensive debt recovery procedures. Although fast and inexpensive, these are not exactly user-friendly for the average litigant, maintaining a high level of complexity and rigidity.
And in this case, as in the case of the low-value claim, the procedure is carried out using certain standard forms, made available to litigants. The stamp duty is 200 lei.
To initiate the procedure, the form is completed with all details related to the parties, as well as the nature and value of the debt. The court examines the application and, if the form is correctly completed and well substantiated, issues the European Payment Order within 30 days.
The European Payment Order is then notified or communicated directly to the defendant by the court seized. He may either pay the amount claimed or contest the debt, having 30 days to file an opposition to the already issued European Payment Order.
If such an opposition is lodged, the claimant may choose one of the following options: settlement by the courts of common civil law in accordance with the national legislation of the court seized, use of the European procedure for low-value claims (if the debt is below the threshold of the European low-value claim – 5000 EUR) or withdrawal of the claim.
If the defendant does not lodge an opposition, the European Payment Order becomes automatically enforceable.
A copy of the European Payment Order and, if necessary, a translation thereof must be transmitted to the enforcement authorities of the Member State in which it is to be enforced.
Enforcement is carried out in accordance with the national rules and procedures of the Member State in which enforcement takes place.
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