The smooth running of any company depends on a stable flow of capital and the maintenance of assets within it. For this reason, recovering the amounts owed from various debtors is of major importance, helping the company to carry out its daily activities in a normal way.
The Romanian legal system provides a very clear framework for urgent debt recovery procedures. According to the law, if a debtor has not paid a debt by its due date, the creditor can initiate legal proceedings, by placing or not (depending on the chosen procedure) the debtor’s delay.
Given the lack of an adequate understanding of the legal protection afforded to creditors under existing laws, running a business at the same time as uncollected receivables from customers can be a major stress factor for many companies.
The summons procedure
If the creditor has sufficient information on the creditworthiness of his debtor and his claim is attested by documents, then the best option for the creditor is to use one of the two urgent procedures. Both the summons and the order for payment procedure refer to certain, liquid and due receivables. A receivable is certain when its existence is beyond doubt, is liquid, when its amount is determined or determinable and is due when it has become due.
The summons procedure is a special and urgent procedure, which can be used only for the recovery of claims representing sums of money, resulting from contracts or other documents, signed by both parties. The payment order has a narrower scope, in the sense that it regulates the recovery of claims representing sums of money arising from commercial contracts, defined as those contracts concluded between traders, or between traders and contracting authorities.
While in the payment order procedure the invoices signed by the debtor are the main evidence used before the court, the payment order procedure allows for greater flexibility in providing evidence in court. Thus, a creditor using this procedure can successfully submit, in addition to invoices, other documents proving his claim against the debtor, such as correspondence with him.
What should you expect from a debt collection lawyer?
If you are a lender, a debt recovery lawyer can help you find a plan to get the money you borrowed back. If you go to court, the amount you receive depends on the judge’s decision. If you are able to resolve the dispute out of court, you and the debtor will be able to negotiate the terms.
In any case, the issue should be resolved in the end and neither party should bother the other. Choosing a debt recovery lawyer is the best way to resolve your issues if you feel that you cannot resolve disputes with a creditor or debtor on your own.
Debt recovery procedures can be complex, depending on each case, but the help of experienced lawyers will be helpful in such situations.
Legal proceedings for the recovery of claims of legal persons
According to the Code of Civil Procedure, which establishes the general procedure for the recovery of claims, before initiating an action in court, the creditor must try to resolve the issue amicably. Specifically, the creditor must provide written notice to the debtor proposing that the debtor settle the matter amicably.
Debt collection lawyer
If you are in a situation where you are unable to recover a good material or a sum of money do not hesitate to turn to a debt collection lawyer. It can recover your outstanding debit in the shortest possible time, often even amicably.
If you face certain delicate situations such as non-refund of certain amounts of money, loans or other claims of any kind, lawyers with experience in such litigation, such as those from Hammond Partnership, will take all legal steps to recover. outstanding flows. One of the specializations of the law firm Hammond Partnership is that of debt collection for both legal entities and individuals.
In more complex and complicated cases, the clients of the law firm Hammond and the Partners are represented by lawyers specializing in commercial law or lawyers in civil law.
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