Court fees concerning Small Claims procedure - Romania
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The European procedure for small claims is governed by Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European procedure for small claims.
The judicial stamp duties I would point out that this is regulated by Emergency Ordinance No 80/2013, in force from 26.06.2013. This law was adopted following the amendment of the legal framework of the Civil Proceedings Code of Civil Procedure through the adoption and implementation of new institutions adopted by the Civil Code.
Court fees are payable by all natural and legal persons, and payment of services rendered by the courts and the Ministry of Justice and the Prosecutor’s Office attached to the High Court of Cassation and Justice.
Court fees may be paid in Romania in on-line system, but a system of electronic payment is not functional.
Court fees are due both to the proceedings at first instance and appeal procedures, under the conditions laid down by law.
Individuals may, upon request, exemptions and reductions, staggered payment for judicial stamp duties, Government Emergency Order No 51/2008 on public legal aid in civil matters, approved with amendments and supplements through Law no. 193/2008, with subsequent amendments and supplements. Legal persons may benefit from relief judicial stamp duties under the conditions of Article 42, paragraph 2 of Government Emergency Order No 80/2013.
In the present state of the law court stamp duty on the application shall be determined according to Art. 3 (1) of Government Emergency Order No 80/2013 as follows:
A) by the amount of RON 500, 8 %, but not less than 20 lei;
B) between RON 501 and RON 5.000 RON 40 + 7 % for exceeding RON 500;
C) between RON 5.001 and RON 25.000 RON 355 + 5 % for exceeding RON 5.000;
In accordance with the provisions of Emergency Government Ordinance No 80/2013 court stamp duty shall be paid in advance. If within the time limit laid down by law or established by Court the applicant does not fulfil the obligation to pay tax, the request will be cancelled as netimbrată or, where appropriate, will be addressed within the scope of court stamp duty has been paid lawfully. Furthermore, where the grant of facilities for payment of the judicial stamp fee was rejected, and the applicant has failed to pay by the deadline given by the court stamp duty due and not produced proof of payment, the court shall cancel the request as netimbrată.
Court fees shall be paid the tax in cash, by transfer or on-line in a separate account, budget revenue of local judicial stamp taxes and stamp taxes’, the administrative unit in which the natural person has his domicile or residence or, as the case may be, in which the legal person has its registered office. The costs of transfer of the amounts due in court stamp duty shall be borne by the debtor of the duty.
If the person liable to pay the court stamp duty is not domiciled or resident or, where appropriate, established in Romania, court stamp duty is payable to the local budget of the administrative unit in which the court with which the appeal is lodged or the request.
Court fees may be paid in cash the taxes of the administrative unit in which the natural person has his domicile or residence or in which the legal person has its registered office.
Furthermore, court fees may be paid by bank transfer and on-line.
In Romania there is no electronic payment system of the judicial stamp duties, even though this is required by law.
The receipt for payment of judicial stamp duties, released in the case of cash payments or payment order shall be submitted upon registration of the application.
Where appropriate, receipts or payment orders on judicial stamp duties have not issued a standard format, as accepted by the establishment to which the payment is made.
If the court stamp duty is paid after the applicant has received the communication from the Court on this matter, he shall submit to the case-file fee proof of payment within 10 days of receipt of the Communication.
Submission of proof of payment of stamp duty may be done personally or by post at the court indicating the file number (number of the case) the payment has been made, the file number in the Communication as it sent to the party.
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Last update: 03/02/2016