Demand for payment before court action (Romania)

Published byDocMuse

The summons in which a private creditor in Romania demands a sum owed under a contract — a loan, rent, an unpaid price — within 15 days, as the Code of Civil Procedure requires before a payment order (art. 1015). Sent by bailiff or by registered post with declared contents and acknowledgment of receipt, it opens the way to the fast procedure and puts the debtor in default.

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Common questions

What debts can a payment order be used for in Romania?

Claims that are certain, liquidated and due, arising from a contract or another document both sides accepted — a loan, rent, an unpaid price (art. 1014 of the Code of Civil Procedure). Before applying, the debtor must be summoned to pay within 15 days, and this summons is written for that.

What interest is owed on an unpaid debt between private persons?

Unless the parties agreed otherwise, statutory late-payment interest, worked out under art. 3 of Ordinance no. 13/2011: starting from the National Bank of Romania's reference rate, with the reduction that applies where no business is involved. It runs from the due date until payment.

Is a summons still needed if the debt was already asked for in person?

Yes. For a payment order the law requires a summons delivered by a bailiff or by registered post with declared contents and acknowledgment of receipt, giving 15 days (art. 1015); a spoken request, a text message or an email does not take its place.