The recovery of debts in Romania through litigation can be made through a few different procedural options, each of them applicable to different situations.
The low-value claims
This procedure can be applied only for debts that are lower than 10.000 RON (roughly 2300 euros) and consists of a very simplified judgement, based primarily on a written procedure.
The judicial tax is very low in this procedure and ranges from 50 to 200 RON.
The evidence that the claim will have to be based on are primarily documents, but other types of evidence can be administered, if necessary.
This procedure cannot be applied to debts that are owed in relation to a few specific matters, amongst which are matters of inheritance, insolvency, renting contracts for real estate, employment and a few others.
The payment ordinance
This procedure has the advantage to be faster than the regular litigation procedures, but this comes at the cost of not being allowed to use any other evidence than documents and statements of the parties.
Furthermore, this procedure is only allowed for debts that are generated by contracts or other agreements assumed by both parties in a written form, with further exceptions provisioned by the law.
The regular litigation procedure
In addition to the two specific procedures describe above, there is also a standard litigation procedure that applies to any type of debt that is excluded from the ones above, either because of the amount, because of its source or for the necessity to use other means of proof than documents and other easily administered ones.
The regular procedure is usually more time consuming, the judicial taxes stand roughly at 3% of the value of the debt in first court and another half that in the appeal phase, but this comes with the advantage to be applicable for any type of debt, regardless of its quantum, its source and the required evidence to prove its existence.
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