Romanian Payment Summons: Somație de Plată and Ordonanță de Plată

Romania offers a specialized fast-track procedure for debt recovery: the ordonanță de plată (payment ordinance) under Articles 1013-1024 of the Codul de procedură civilă (CPC — Code of Civil Procedure). This procedure, introduced in the 2013 CPC reform, replaced the earlier somație de plată (payment summons) under Government Ordinance 5/2001, though the terms are still used interchangeably in practice.

When Is the Ordonanță de Plată Available?

Under Article 1013 CPC, the procedure is available for:

  • Certain, liquid, and exigible claims: The debt must be certain (certă) — its existence is established; liquid (lichidă) — the amount is determined or determinable; and exigible (exigibilă) — it has fallen due.
  • Monetary obligations: The procedure covers payment obligations arising from contracts (including invoices accepted by the debtor), statutes, or other legal instruments.
  • Documentary evidence: The creditor must present written evidence — contracts, invoices, accounting records, or correspondence acknowledging the debt.

Procedure Step by Step

  1. Filing the cerere: The creditor files a request (cerere) with the Judecătorie (first instance court) at the debtor\'s domicile. The request must specify the claim amount, legal basis, and attach all supporting documents. The court fee (taxa judiciară de timbru) is approximately RON 50-200 for most claims.
  2. Communication to debtor: The court communicates the request to the debtor, who has 15 days to file a response (întâmpinare).
  3. Hearing: The court schedules a hearing, typically within 30-60 days. The procedure is designed to be summary — the court examines only whether the claim meets the legal requirements (certain, liquid, exigible) and whether the debtor has raised a genuine defense.
  4. Decision (ordonanță): The court issues an ordonanță de plată — an enforceable title ordering the debtor to pay within a specified period (usually 15-30 days from the decision).

What Makes a Valid Defense?

If the debtor contests the claim, the court must determine whether the defense is “serious” (apărare de fond). Complex defenses requiring extensive evidence (witness testimony, expert reports) typically result in the court rejecting the ordonanță application and referring the case to ordinary litigation (drept comun). Simple defenses (e.g., payment already made with proof) can be resolved within the ordonanță framework.

Enforcement

The ordonanță de plată is titlu executoriu — an enforceable title. If the debtor fails to pay within the ordered period, the creditor can proceed directly to enforcement (executare silită) through a judecătorie and executor judecătoresc (judicial executor), including wage garnishment (poprire pe salariu), bank account seizure (poprire pe conturi bancare), and asset seizure (sechestru).