Request for cancellation. Rejected invoices

• Author: Andrada Gaitanaru
• Position: Junior Lecturer / Teaching Assistant, Agora University, Faculty of Law and Economic Sciences, Law Department
• Pages: 150-152

REQUEST FOR CANCELLATION. REJECTED INVOICES

Andrada Găitănaru

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Abstract

The request for cancellation is the legal means a debtor may appeal to when issued

against a warrant for payment. Should the invested court of law accept the request for

cancellation, such court shall void the warrant by issuing a final, irrevocable judgment.

Key words: request for cancellation, rejected invoices

Introduction

In order to simplify and expedite the procedure concerning the issuance of a payment

summons, the Government Ordinance no. 5/2001 was passed on the payment summons

stipulating under article 8 for the possibility for the debtor having been issued against an

warrant containing a payment summons to submit a request for cancellation within the 10

days from having been either handed in or notified on such summons.

In order to simplify and expedite the procedure concerning the issuance of a payment

summons

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, the Government Ordinance no. 5/2001 was passed on the payment summons

stipulating under article 8 for the possibility for the debtor having been issued an ordinance

containing a payment summons, to submit a request for cancellation within the 10 days from

having been either handed in or notified on such summons.

Should the invested court of law accept the request for cancellation, such court shall void the

warrant for payment by issuing a final, irrevocable judgment.

By the request for cancellation recorded on the Oradea Municipal Court roll, the

plaintiff –debtor, SC R.T.C. SRL requested in the matter against the defendant-creditor SC

E.V.W.H. SRL the cancellation of the commercial ordinance containing the summons for

payment of the amount of 11.675,88 lei and of related legal interest.

By preliminary proceedings, the creditor requested that the debtor be obligated to pay

the amount of 11.675,88 lei and related legal interest, grounding such request on the fact that

the two companies carried out commercial relations which translated into the brokering, b y

the creditor and through creditor’s business location, of certain service type repairs for SC

R.T.C. SRL.

In order to ground the request, the debtor indicated that the commercial ordinance

cancellation is in order, based on failure to comply with the conditions stipulated for; under

the Government Ordinance no. 5/2001 on the payment summons procedure.

As per article 1, paragraph 1 of said ordinance, in order to request the obligation of a

debtor to pay the owed amount, there are certain requirements to be cumulatively complied

with regarding requested debt, namely:

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Junior Lecturer / Teaching Assistant, Agora University, Faculty of Law and Econ omic Sciences, Law

Department,Email: andradagaitanaru@yahoo.com

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Ordonanţa Guvernului n r. 5/2001 privind procedura somaţiei de plată, published in t he Official Journal no.

422 of July 3 0

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2001, as subsequently amended and supplemented by E.G.O. no. 142/2002 on the modification

and supplementation of the Government Ordinance no. 5/2001 on the payment summons procedure (Official

Journal no. 804 of November 5

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200 2), approved b y Act no. 5/20 03 (Official Journal no. 26 of January 20

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2003).