Methods of Debt Recovery – 2. Low-Value Claim
When extrajudicial efforts to voluntarily execute debts have been ineffective, a creditor can enforce their rights using both fast and efficient procedures, as well as standard procedures.
The specific criteria for different debts are taken into account to identify the best and safest solution for their recovery, reaching the desired outcome.
Even though the choice between an abbreviated and fast procedure and a common law procedure may seem very straightforward, speed is not always readily available.
The procedure for low-value claims is applied when the value of the claim, without considering interest, court costs, and other ancillary income, does not exceed the amount of 10,000 lei at the time of court filing.
The claimant initiates the procedure for low-value claims by completing the claim form and submitting it to the competent court.
The procedure for low-value claims is in writing and is conducted entirely in the council chamber. The court may order the appearance of the parties if it deems it necessary.
The court will pronounce and draft the decision within 30 days of receiving all the necessary information or, as the case may be, after oral argument.
The first-instance decision is enforceable by law. It can be executed through a judicial executor immediately after drafting, without waiting for an appeal.
The decision of the first-instance court can only be appealed to the appellate court within 30 days of being communicated.
For substantial reasons, the appellate court can suspend forced execution, but only if a 10% bond of the disputed amount is deposited.
The decision of the appellate court is communicated to the parties and is final.
Low-value claims are stamped with 50 lei if the value of the claim does not exceed 2,000 lei, and with 200 lei if the value of the claim exceeds 2,000 lei.
Among the most important restrictions, it should be noted that the low-value claim procedure does not apply to claims related to:
- fiscal, customs, administrative matters, or regarding the state’s liability for acts or omissions in the exercise of public authority
- property rights arising from family relationships;
- insolvency, preventive composition, procedures for the liquidation of insolvent companies and other legal entities, or similar procedures;
- social insurance;
- labor law;
- violations of the right to privacy or other rights related to personal identity.
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Vladimir Catargiu – Attorney at Law