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ArticlesMarch 2, 20240

Summons for lawsuit

Methods of debt recovery – 5. Summons for lawsuit

The simplest and easiest to understand method of debt recovery can often be the best.

Among all procedures, it is clearly the most accessible to the general public, not having as many restrictions as special procedures.

Essentially, a summons for lawsuit must include simple elements of identifying the parties, possibly the representatives of the parties, the object of the claim and its value, the factual and legal grounds on which the claim is based, the evidence the claimant intends to use, and their signature.

Among these, the names, surnames, or names of the parties, the object of the claim, and the factual grounds are predominant.

Returning to debt recovery, the summons for lawsuit is the safest procedure for debt recovery, with no risk of its total rejection in the event that the specific requirements of urgent procedures are not met.

Essentially, an urgent procedure can be rejected due to procedural deficiencies even if the claim would be admissible in substance. The “common procedure,” as it is also called, initiated through a simple summons for lawsuit, does not have these disadvantages.

Moreover, under certain conditions, urgent procedures can sometimes be transformed into common procedures when certain deficiencies are identified that would lead to their rejection without transformation.

Although safe, the main disadvantage of a simple summons for lawsuit is, of course, the average duration of its resolution. If in the case of urgent procedures, debt recovery could take several months, in the case of a summons for lawsuit, it could take up to 2 years to obtain an enforceable judgment.

Another disadvantage could be the method of calculating the stamp duty. Without special provisions, the stamp duty is calculated in value, depending on the debt to be recovered.

If in the case of a Payment Order the fee is fixed at 200 lei, for a debt of 10,000 lei, for example, if the Payment Order procedure is not used, but a summons for lawsuit is made through the common procedure, the fee amounts to approximately 600 lei.

However, there are cases where fast procedures cannot be used, and a summons for lawsuit is resorted to, for example, when the debt is not certain, when it does not result from a document, or in cases where a more complex probative action is necessary, such as an accounting expertise.

For further information or any additional inquiries, please do not hesitate to contact us:

➡ Phone: (+4) 031 426 0745
📧 Email: office@grecupartners.ro

We are here to assist and provide legal support for all your needs. We look forward to discussing with you.

Vladimir Catargiu – Attorney at Law

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