Recovery of debts and assistance in forced execution procedure
One of the most common problems of companies in Romania is the insufficiency of collection of debts. Recovery of debts is a very difficult process that requires time, skill, financial resources and may endanger the existing business relationships between partners. Our law firm offers a suitable solution to save both time and money, to assure the flexibility and optimization of dept collection, and to streamline the collection of debts, protecting both the interests of our clients and the existing commercial relationship between the parties. This way our customers have a greater safety on the recovery of debts, and they can focus on the daily activities and the business development. Our activities include:
Our Law Office will perform the necessary steps to identify the real legal and economical situation of the debtor. We will check for other simultaneous attempts of enforcement, and any opening of insolvency proceedings against the debtor, based on Law 85/2006. The next steps will be:
- Amicable settlement. We believe that the recovery of the dept first should be tried amicably. The first steps are: the initiation of negotiations, direct meetings depending on the receptivity of the debtor, and communication by email, fax and telephone.
- Settlement by legal action. The legal action is done based on Ordinance No. 5 / 2001- on the procedure for emergency summon, which is shorter than normal proceedings.
- Recovery of debts based on the regulations of Law 85/2006 - "insolvency law". If the claim meets the legal requirements stipulated in Law 85/2006 and the customer chooses for this solution of debt recovery, we represent our clients in the procedure under the insolvency law to recover the depts.
- Debt recovery under Community law. If you have a claim against a company in the EU or abroad we will assist you in recovering the debt.
Recovery of outstanding debt has two phases:
- Obtaining an enforceable title (a document that by law, can be put into foreclosure).This title is either a convention-commitment to pay (the debtor agrees to pay in a certain period) or a court decision which is rendered following a court action instituted against the debtor
- Enforcement of the title. After obtaining the final court decision, the next step is voluntary or forced execution of the obligation. We assist clients throughout the forced execution of the title until the full debt collection.