This special procedure applies to claims arising from civil contracts, including those concluded between a professional and a contracting authority, if they are evidenced by a written document or determined based on a statute, regulation, or other document accepted by the parties in accordance with the law. Claims registered in the creditors’ table in insolvency proceedings are excluded.

A contracting authority refers to any public authority of the Romanian state or an EU member state, non-profit public law bodies fulfilling the conditions provided in Article 1,014 paragraph (3) CPC.

The procedure begins with the creditor sending a formal demand for payment via a bailiff or registered mail with acknowledgment of receipt, requesting payment of the due amount within 15 days. This formal payment demand interrupts the statute of limitation for the requested amount.

If the debtor does not pay within the 15 days period, the creditor may file a fast-track application with the court of law that would have jurisdiction to hear the case in first instance. The application must include all elements stipulated in Article 1,017 CPC and be accompanied by supporting documents, including proof of sending the payment demand. Absence of such proof renders the application inadmissible.

In the absence of an agreed interest rate, the legal penalty interest applies, and the creditor may also claim damages for recovery costs.

The court summons the parties at least 10 days before the hearing date. The debtor is required to submit a statement of defence at least 3 days before the hearing. Failure to submit the statement may be considered by the court an acknowledgment of the creditor’s claims.

If the creditor has been paid or the parties have reached a settlement, the court will take note of such a circumstance through a final court order or an expedited decision.

If the debtor challenges the claim, the court will examine whether the objection is justified based only on the documents in the case file and the parties’ explanations and clarifications. If the debtor’s defence is founded, the court will reject the creditor’s application by a court order.

If the debtor’s defence on the merits requires the administration of evidence beyond the documents in the file and the parties’ explanations (e.g., accounting expertise), and such evidence would be admissible under ordinary civil procedure, the court will reject the fast-track application by court order. However, the creditor is not precluded from filing a lawsuit under ordinary civil procedure.

If the court finds the fast-track claim to be founded, it will issue a payment ordinance specifying the amount and the payment term (normally between 10 and 30 days). If only part of the claim is founded, the ordinance will be issued accordingly, and the creditor may file a lawsuit under ordinary civil procedure for the remaining amount.
The payment ordinance must be issued within 45 days from the date the fast-track application is filed, provided the debtor does not challenge the claim. This deadline does not include periods for document service or delays caused by the creditor.

Once issued, the payment ordinance will be immediately served to the parties. The parties may challenge the payment ordinance by filing an annulment request within 10 days from its service.

The debtor may invoke only reasons related to the non-compliance with legal requirements of the fast-track procedure or the fulfillment of the payment obligations after the issuance of the payment ordinance.
The annulment request does not suspend the enforcement of the payment ordinance. However, a suspension may be granted by the court at the debtor’s request, but only upon providing a bond set by the court.
If the court grants the annulment request, it annuls the payment ordinance and issues a final ruling. If the request is rejected, the decision is final.

The payment ordinance constitutes an enforceable title, has provisional res judicata authority, and becomes final if not challenged or if the annulment request is rejected. A challenge to enforcement may be filed, but only for procedural irregularities or for the fulfillment of the payment obligations after the issuance of the payment ordinance.

This article does not constitute legal advice and the author cannot be held liable for the opinions expressed herein. We do not assume responsibility for any legal changes made after the publication of this article. If you have any questions regarding this topic, please do not hesitate to contact us.