Debts recovery - the payment order procedure

• Author: Claudia Lazarescu - Serban Lazarescu - Roxana Dumitra - Loredana Bârzan
• Pages: 226-230

DEBTS RECOVERY - THE PAYMENT ORDER PROCEDURE

Lăzărescu Claudia, Lăzărescu Şerban

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Dumitra Roxana, Bârzan Loredana

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Abstract

Besides the well known action of claim governed by the Civil Procedure Code, the

Romanian legislator introduced certain special procedures regarding the recovery of debts in

the court of justice, with the purpose of obtaining an enforceable title in a shorter period of

time, by which the creditor can recover its proper debit.

These procedures are regulated by Government Order No. 5 / 2001 on the payment

order procedure and the Government Emergency Order No. 119/2007 on the measures of

fighting against the late payment of the obligations resulting from the discharging of the

trading contracts.

Keywords: debt, Regulation, payment order.

Introduction

The theoretical importance and especially th e practical rules established within the

European Union and transposed into the national laws of the Member States on the rapid

recovery of the claims is indisputable and highly actual under the circumstances of the global

economic crisis. This is explained by the fact that the delay in payment is one of the main

causes of insolvency, which threatens the continuity of business enterprises, especially small

and medium enterprises, and causes the loss of numerous jobs.

1. Common Law Procedure

In the process of the common law, the possibility of too complex evidence (documents,

interview, auditing) that can lead to endless trials and cases in which the debtors have no

other claim than “buying time”, is a serious obstacle to obtaining a writ of execution for the

speedy recovery of the debt by a trader.

In a brief description, we can mention the following steps in the common law procedure:

1. Compulsory conciliation prior achievement (an attempt to amicably settle the dispute);

2. Filing of summons, together with supporting documents, followed by the summoning of

the opposing party (parties);

3. Receiving of the contestation filed by the defendant, and if the defendant has mutual

claims from the complainant - a counterclaim;

4. Producing proofs to clarify the facts (documents, surveys, interviews, witnesses);

5. The settlement of claims, exceptions and procedural points of law;

6. Announcing the verdict, drawing up the judgment and communicating it to the parties;

7. The possible declaration of an appeal against the decision, sending the case to the court of

appeal and summon the parties before the court of appeal;

8. Resolving the case on appeal (filing reasons of appeal, of a possible contestation,

producing proofs on appeal), drafting and communicating the decision on the appeal;

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Asist univ. Universitatea SPIRU HARET Rm. Vâlcea, Facultatea d e Drept şi Administraţie Publică

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Asist.univUniversitatea SPIRU HARET Rm. Vâlcea, Facultatea de Drept şi A dministraţie Publică,

Asist.univ.drd.,Universitatea SPIRU HARET Rm. Vâlcea, Facultatea de Drept şi Administraţie Publică