Payment order procedure

Legal defence in payment-order proceedings

The payment-order procedure is a special, summary and rapid procedure designed to facilitate recovery of certain, quantified and due monetary claims. Governed by Articles 1014 – 1025 of the Code of Civil Procedure, this judicial route applies to claims arising from contracts, accepted invoices or other documents acknowledged by the parties by signature or another legally permitted means. Compared with an ordinary monetary claim, payment-order proceedings offer considerably shorter hearing times and lower court fees, providing the creditor with a rapid enforceable title. The involvement of a lawyer specialising in debt recovery and commercial law is essential to check that the admissibility requirements are met and to prepare the prior payment demand rigorously.

Prior payment demand, application to set aside and defence strategies

For the creditor, we prepare documentary evidence of the debt and the demand required by Article 1015 CPC: 15 days to pay, served through a judicial enforcement officer or by registered post with declared contents and acknowledgement of receipt. For the debtor, a statement of defence and challenges to the claim’s certainty, quantification and maturity form part of the examination before the order is issued. After service of the order, the remedy is an application to set it aside within 10 days, under Article 1024, where grounds exist. The order is enforceable even if an application to set it aside is filed, under Article 1025; the application does not automatically prevent enforcement. A stay must be requested separately under the legal conditions. We select the defence according to the stage of proceedings, checking the contract, performance, payments and limitation period.

Legal assistance and representation in Focșani and Vrancea County

Failure to invoice or collect debts on time can put your business or household budget in difficulty through lack of liquidity. Basuc Cosmin Law Office in Focșani offers comprehensive legal assistance in payment-order proceedings, whether you seek urgent recovery of sums from defaulting debtors or need a defence against an unjustified payment demand or order. We assist in drafting and serving prior demands in Vrancea county, prepare payment-order applications, statements of defence or applications to set aside and provide firm representation before Focșani District Court and the Vrancea Tribunal, acting promptly to protect your financial interests.