File a legal claim before a Romanian court of law
Our lawyer office can help you exercise your claim against debtors located in Romania
To recover debt, goods or, in general, to exercise a claim against a debtor located in Romania, one must file a claim with the competent court of law.
Romanian courts are able to judge legal claims filed against debtors or obligors located in Romania. This means the Romanian debtor has their headquarters or has an office located in Romania. A Romanian court of law might also be able to judge your claim if said claim refers to assets situated in Romania, to contractual obligations that are or were to be performed in Romana or to acts performed in Romania.
We will summarise to say that in most modern legal and judicial systems, the place where the debtor or obligor has legal domicile, headquarters or office or where they reside is the general criteria by which a court of law determines if a case can be brought before them. As such, if the debtor has legal domicile, office or residency in Romania, Romanian courts will be competent to judge your case, as a rule.
We recommend you write us about your case, to determine if Romanian courts of law are able to judge your claim.
Court taxes in Romania. The general rule.
Exercising a claim before a Romanian court requires the creditor to pay a court tax to the local fiscal authorities.
The court tax is calculated according to the value of the claimant‘s claim. There are many exceptions to this situation. We encourage you to contact us for details.
According to Government Urgent Ordinance no. 80/2013 regulating court taxes:
Monetary claims filed in the courts are taxed as follows:
- Up to the value of 500 lei – 8%, but not less than 20 lei;
- Between 501 lei and 5.000 lei – 40 lei + 7% for the amount exceeding 500 lei;
- Between 5.001 lei and 25.000 lei – 355 lei + 5% for the amount exceeding 5.000 lei;
- Between 25.001 lei and 50.000 lei – 1.355 lei + 3% for the amount exceeding 25.000 lei;
- Between 50.001 lei and 250.000 lei – 2.105 lei + 2% for the amount exceeding 50.000 lei;
- Over 250.000 lei – 6.105 lei + 1% for the amount exceeding 250.000 lei.
Note: Roughly estimate 1 EUR = 5 Romanian lei
Court taxes in Romania. The exception. Simplified monetary claims. Low value claims.
Romanian law recognises two simplified procedures for monetary claims. These procedures are quick, urgent and cheap – 200 Romanian LEI fixed court tax (around 40 EUR), no matter the value of the claim). These procedures take place before a court of law, they are primarily written and are optional.
The first simplified procedure is the Order of Payment procedure (click to read more). Court tax is a fixed amount of around 40 EUR (200 Romanian LEI), no matter of the value of the claim. Judgement is issued quicker than a judgements issued in the general procedure. This procedure is applicable only for monetary claims, and only when the debtors obligation of payment is recognised in writing (by signing an invoice, contract or other such documents recognising the creditor’s claim in writing).
The second simplified procedure is the Low Value claim procedure. Court tax is a fixed amount of around 40 EUR (200 Romanian LEI) no matter of the value of the claim. The value of the claim can’t be higher than 10.000 Romanian LEI (or around 2.000 EUR). Judgement is issued quicker than a judgements issued in the general procedure. This procedure takes place in writing. Should the court find it necessary, the judge can call the parties before the court for further explanations.
Lawyer fees. Cost of hiring us as your lawyers.
Lawyer fees are paid by our clients in advance and should be fully covered before the final hearing, when the court remains in deliberation.
Should the creditor win the case and be granted the requested claim, the debtor will be held to cover all legal expenses, including lawyer fees and court taxes.
As a general rule, please bear in mind that lawyer fees are agreed upon with the client based on the complexity of the case.
For a list of fees we practice for certain types of claims, such as order of payment claims, low value claims or payment notices, please refer to the Prices section of our website.
Also see:
Romanian Lawyer Office. Simplified procedure of debt recovery in Romania
The creditor may opt for a judgement under a simplified procedure and significantly lower court costs. Find out more in the following article!
Recognition of Foreign, Non-EU Court Orders in Romania. Exequatur Procedure
Article about the recognition and enforcement procedure for a foreign court order in Romania
European Union Member State Court Order Recognition in Romania
Article about the recognition and enforcement procedure in Romania for a court order issued by a court of a European Union member state
Romanian Lawyer Office. Simplified procedure of debt recovery in Romania
The creditor may opt for a judgement under a simplified procedure and significantly lower court costs. Find out more in the following article!
Recognition of Foreign, Non-EU Court Orders in Romania. Exequatur Procedure
Article about the recognition and enforcement procedure for a foreign court order in Romania
European Union Member State Court Order Recognition in Romania
Article about the recognition and enforcement procedure in Romania for a court order issued by a court of a European Union member state
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About Us
Mr. Andrei-Mihnea Gane, Managing Partner
We understand how difficult it is for our clients to find legal professionals they can entrust their case to outside their country’s jurisdiction. We aim to offer professional, high quality legal services to clients from outside Romania and build durable relations based on trust and transparency.
We are authorised under law to practice by the National Bar Union of Romania. We’ve assisted hundreds of clients in civil cases before Romanian Courts of law over the years, many of which have been international clients. We invite you to read the articles posted on our website, articles in which we’ve attached examples of court orders from our practice.
About Us
Mr. Andrei-Mihnea Gane, Managing Partner
We understand how difficult it is for our clients to find legal professionals they can entrust their case to outside their country’s jurisdiction. We aim to offer professional, high quality legal services to clients from outside Romania and build durable relations based on trust and transparency.
We are authorised under law to practice by the National Bar Union of Romania. We’ve assisted hundreds of clients in civil cases before Romanian Courts of law over the years, many of which have been international clients. We invite you to read the articles posted on our website, articles in which we’ve attached examples of court orders from our practice.
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