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Last update: 04-12-2007
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Simplified and accelerated procedures - Romania

 

TABLE OF CONTENTS

Order-for-payment procedures Order-for-payment procedures
1. Existence of an order-for-payment procedure 1.
1.1. Scope of the procedure. 1.1.
a) What types of claims are eligible (e.g. only pecuniary claims, only contractual claims)? a)
b) Is there an upper limit on the value of the claim? b)
c) Is the use of the procedure optional or compulsory? c)
d) Is the procedure available if the defendant lives in another Member State or in a third country? d)
1.2. Competent court. To which court (or authority) should the request to issue an order for payment be addressed? 1.2.
1.3. Formal requirements. What are the formal requirements for a request to issue an order for payment? 1.3.
a) Is the compulsory use of a standardised form obligatory? (If so, where can that form be obtained?) a)
b) Do I have to be represented by a lawyer? b)
c) In how much detail do I have to describe the reason for the claim? c)
d) Do I have to present written evidence of the claim at issue? If so, which documents are admissible as proof? d)
1.4. Rejection of application. In what circumstances is the application for an order for payment rejected? Does the Court examine the grounds for the application before issuing an order for payment? 1.4.
1.5. Appeal. Can the claimant appeal against the refusal to issue an order for payment? 1.5.
1.6. Statement of opposition. If an order for payment is issued, how long does the defendant have to oppose the claim? What are the legal requirements, if any, of a statement of opposition? 1.6.
1.7. Effect of statement of opposition. What happens if the defendant rejects the claim in time? Is the case transferred for settlement under the ordinary procedures automatically or on request? 1.7.
1.8. Effect of lack of statement of opposition. What happens if the defendant does not succeed in contesting the claim in time? 1.8.
a) What needs to be done in order to obtain an enforceable judgment? a)
b) Is this decision final or is there still a possibility for the defendant to appeal against that decision? b)
Small claims procedures Small claims procedures
1. Existence of a specific small claims procedure. Is there a small claims procedure in Romania (i.e. a specific procedure, simpler than the regular procedure, which applies to amounts below a certain financial threshold or, for certain types of claim, regardless of the financial threshold)? 1.
1.1. Scope of procedure, threshold 1.1.
1.2. Application of procedure 1.2.
1.3. Forms 1.3.
1.4. Assistance 1.4.
1.5. Rules concerning the taking of evidence 1.5.
1.6. Written procedure 1.6.
1.7. Content of judgment 1.7.
1.8. Reimbursement of costs 1.8.
1.9. Possibility to appeal 1.9.

 

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Last update: 04-12-2007

 
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