EIRP Proceedings, Vol 2 (2007)

Abstract

The modified payment notification procedure regulated by the Government Order 5/2001 belongs to the
category of special judicial procedures. The payment notification is successfully used in getting back the money
owed by the debtors, as concern both commercial and civil matters. Creditors use this special judicial procedure
as it discourages the payers who do not respect the payment terms; it also eliminates any delay in getting back
the debts and it implies reduced judgment expenses as the action does not need a stamp proportional to the value
of the object, but it has a fixed judicial stamp tax. However, the legislator has deliberately stipulated that this
procedure can be only used for a certain, liquid and exigible debt which represents payment obligations. The
Court is obliged to check the material and territorial competence. The Order through which the creditor petition
was accepted can be attacked by the debtor through an annulment petition. The forced execution is resorted to
only when the debtor does not accomplish his/her obligation willingly.