• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Email: accace@accace.com

Contact us
Sign up for news
  • Locations
  • Websites
    • Global (English)
    • Global (German)
    • Czech Republic
    • Germany
    • Hungary
    • Poland
    • Romania
    • Russia
    • Slovakia
    • South Africa
    • Ukraine
    • United States of America (USA)
  • eShop

Accace - Outsourcing and advisory services

  • Services
    • OUTSOURCING
    • Accounting and reporting
    • Accounting online portal
    • Payroll and HR administration
    • Payroll and HR online portal
    • Time and attendance online portal
    • ADVISORY
    • Tax advisory
    • Transaction advisory
    • Legal advisory
    • Corporate and secretarial
    • Advisory online portal
    • MARKET ENTRY SUPPORT
  • COVID-19
  • About us
    • Who we are
    • Case studies
    • Meet our key People
    • Partner with us
    • Corporate Social Responsibility
  • Careers
    • Open positions
    • Who we are
    • Our values
    • Success stories
    • How we care
    • How we act
    • We volunteer
  • Newsroom
  • Events
  • Locations

Recovery of receivables in Romania

27 Aug 2019

The commercial arbitration is a form of alternative jurisdiction to usual courts of law in Romania and does not apply in disputes concerning the civil status of the individual, the capacity of persons, succession debates, family relations, as well as the rights over which they cannot dispose of.

Procedure in front of the court or arbitration in Romania

The contracting parties may insert into the contract the arbitration clause. The arbitration court or arbitrator may be determined based on the law or consent between the parties who wish to appoint a certain person or persons to deciding their dispute. In Romania, you may choose that your dispute is judged, for example, by the The Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania (www.arbitration.ccir.ro).

The proceeding in front of the Arbitration Court will be decided by one or three arbitrators.

In order to remunerate the arbitration services rendered by the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania, there will be charged a registration fee in amount of EUR 150, as well as an arbitration fee consisting of an administrative fee and arbitrators’ fee.

The arbitrator’s fee has a fixed part and a variable amount which may fluctuate between 0,3 and 5% of the claimed amount. In order to calculate the fee, you may consult the link: www.arbitration.ccir.ro

The arbitrator decision is an enforceable title and may be enforced in the same mode as a Court decision.

Small/uncontested claims in the judicial procedure

In case of amounts up to RON 10,000 (approx. EUR 2,000), there is a special small claims procedure to follow. By filling in a type form, attaching the relevant written evidence and paying a duty stamp of RON 200 (approx. EUR 42), you invest the judge with the case. The presence of the parties is not necessary, and the decision will be ruled in approximative 3-4 months.

In case the creditor has clear proof related to his claim and the amount is uncontested by the debtor, liquid and enforceable, would be to file a payment injunction request. The duty stamp is the same as the one mentioned for the small claims’s procedure, respectively RON 200 (approx. EUR 42), but the procedure is more formal and may last up to 6-7 months. The parties may be present at hearings and may present oral/written arguments.

If you need to present in Court more evidence, you have the option to follow the common civil procedure. The duty stamp is calculated based on the value of the claim (a fixed base and a percentual part), as per the provisions of the Government Ordinance no. 80/2013. The length of the procedure depends on the evidence adduced. In complex files, the procedure may take up to 1 year or more. Due to the complexity of the process, juridical support of a lawyer is needed and highly recommended.

Enforcement proceeding

The enforcement proceeding may be initiated by the creditor once the Court decision is final and enforceable. If the debtor will not execute the Court decision voluntarily, the creditor will request the support of a bailiff. For Bucharest, the list of the public bailiffs is mentioned here: www.cejbuc.ro.

Once the file is open, the bailiff requests to the competent judge the approval of the enforcement.

Related to the costs, the stamp duty applicable for the request is RON 20 (for each enforceable title).

Related to the fee of the appointed bailiff, usually there is a fixed fee which is advanced by the creditor and the rest of the amount is paid only if the debt is collected. If possible, the costs will be recovered from the debtor.

Publicly available information about client´s indebtedness

A simple search on the Courts’ portals in Romania, the portal of fiscal authorities and requesting information from the Trade Register Office where your partner is registered may outline information which will determine your decision of entering or not into a business relation.

  • Within the Trade Register you may find useful information about the structure of the company, registered seat, working points, directors etc. – portal.onrc.ro
  • Details related to the insolvency procedure may be found within the Trade register portal – portal.onrc.ro and on the Courts portal – www.portal.just.ro
  • Details related to the financial situation of your partners may be found here – mfinante.gov.ro
  • On this website, mj.romarhiva.ro, you can find information related to the receivables pledge registration
If you need support related to this subject, please contact our legal specialists!

CONTACT

Andreea Manolache
Senior Associate Romania
Tel: + 40 314 050 440
E-mail: andreea.manolache@accace.com

Related news

The minimum gross salary in Romania has increased to RON 2 300 | News Flash

on 18 January 2021, in Local news, News Flash, Payroll, HR and Labour Law, Romania
Read more

The main amendments to the Romanian Fiscal Code, starting from January 1, 2021 | News Flash

on 07 January 2021, in Local news, News Flash, Romania, Taxation
Read more

The main amendments to the Romanian Fiscal Procedure Code, starting from January 1, 2021 | News Flash

on 07 January 2021, in Local news, News Flash, Romania, Taxation
Read more

2021 Salary calculator for Romania

on 05 January 2021, in CALCULATORS 2020, Payroll, HR and Labour Law, Romania
Read more

From 1.1.2021 the 5% VAT rate will also apply to more expensive homes in Romania | News Flash

on 24 November 2020, in Local news, News Flash, Romania, Taxation
Read more

The Intrastat value thresholds in Romania for 2021 will not change | News Flash

on 12 November 2020, in Local news, News Flash, Other industries, Romania, Taxation
Read more

Law no. 193/2020: News for Romanian employers regarding the contribution to the disability fund | News Flash

on 10 September 2020, in Local news, News Flash, Payroll, HR and Labour Law, Romania
Read more

New amendment to the 394 statement in Romania: transactions with affiliates will have to be indicated in the form | News Flash

on 26 August 2020, in Local news, News Flash, Payroll, HR and Labour Law, Romania
Read more

The procedure for canceling the ancillary payment obligations in Romania has been published | News Flash

on 27 July 2020, in Local news, News Flash, Romania, Taxation
Read more

2020 Tax Calendar | Romania

on 28 April 2020, in Calendars, Other industries, Romania, Taxation
Read more

2020 Company Formation in Romania

on 12 February 2020, in Country guidelines and eBooks, Legal and corporate, Regional Studies, Romania
Read more

Labour Law and Employment in Romania – 2020 Guide

on 12 February 2020, in Country guidelines and eBooks, Payroll, HR and Labour Law, Regional Studies, Romania
Read more

2020 Tax Guideline for Romania

on 04 February 2020, in Country guidelines and eBooks, Regional Studies, Romania, Taxation
Read more

2020 Transfer Pricing Overview for Romania

on 03 February 2020, in Country guidelines and eBooks, International transactions, Regional Studies, Romania
Read more

Annual vacation leave: Conditions for employees and businesses in CEE | eBook

on 27 December 2019, in Country guidelines and eBooks, Multi-country, Payroll, HR and Labour Law, Regional analysis / comparisons, Regional Studies
Read more

What deadlines do Romanian employers have to meet for reporting in Revisal?

on 14 October 2019, in Local news, News Flash, Romania, Taxation
Read more

The Office Gallery project expanding to Accace Romania

on 17 July 2019, in Corporate social responsibility, CSR, Local news, Romania
Read more

Content of the child-raising allowance file in Romania | News Flash

on 21 May 2019, in Local news, News Flash, Other industries, Payroll, HR and Labour Law, Romania
Read more

The seniority statement – a mandatory document for Romanian employees | Briefly with Accace [video]

on 07 May 2019, in Other industries, Payroll, HR and Labour Law, Romania
Read more

The essential ecommerce website checklist in Romania – legal aspects | Infographic

on 17 April 2019, in E-commerce, Infographics, Legal and corporate, Local news, Romania
Read more

Primary Sidebar

<< Back to newsroom

NEW TO THE MARKET?

Use the free consultancy delivered by our in-country experts to get you prepared.

See what is included and schedule your call now!

We only need your email

Footer

About Accace

Originally established in Central and Eastern Europe in 2006, Accace ranks among the leading outsourcing and consultancy providers in the region. Engaging over 600 experts, we have vast experience with handling small to large scale, multi-country outsourcing projects and providing a comprehensive range of our services to over 2,000 customers.

About Accace Circle

Accace operates internationally as Accace Circle, a co-created business community of like-minded BPO providers and advisors who deliver outstanding services with elevated customer experience. Covering almost 40 jurisdictions with over 2,000 professionals, we support more than 10,000 customers, mostly mid-size and international Fortune 500 companies from various sectors, and process at least 170,000 pay slips globally.

Locations and contacts | Accace Circle

Our services

Accounting and reporting
Payroll and HR administration
Tax advisory
Transaction advisory
Legal advisory
Corporate and secretarial

Our eShop

Market entry support
See full list of services

Our online portals

Accounting portal
Payroll and HR portal
T&A portal
Advisory portal

Get in touch with us

Locations and contacts
Contact us
Sign up for news
Newsroom
Careers


Follow us

Facebook LinkedIn Twitter Instagram Youtube


Accace Circle

© Accace all rights reserved | Code of conduct | General Disclaimer | Disclaimer Newsroom | Cookie policy | Privacy policy | GDPR Statement

Get free access to
valuable insights
expert knowledge

Our legislation updates make it easy for you to keep on top of the latest changes affecting your business. Receive our articles, opinions, tips, industry news, country profiles, regional overviews and studies, latest events and even more, directly into your mailbox.

Check out our Newsroom to see what is included!

We only need your email

We will send you only relevant information we consider may be of your interest and treat your personal data in compliance with our Privacy policy and GDPR statement.

Unable to subscribe?  Try this page.

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies. Find out more.