How to sue someone? Filing a statement of claim
Table of contents
In certain circumstances, suing an individual or a legal entity (such as a company) becomes the final course of action to enforce rights protected by law. Under the Romanian legal framework, every person has the right to file a statement of claim in court to safeguard their civil rights.
The initiation of a lawsuit requires adherence to the rules of court jurisdiction, a thorough understanding of the legal basis relevant to the case, and compliance with the procedural requirements outlined in the Civil Procedure Code.
To maximize the chances of success and ensure an efficient legal process, it is crucial to meticulously follow the steps involved in drafting a well-structured statement of claim. This includes accurately identifying the plaintiff’s claims, determining the appropriate legal framework, and submitting the claim to the competent court.
Therefore, what are the steps involved in a civil lawsuit?
1. Choose the appropriate statement of claim template for your situation
Initiating a civil lawsuit requires selecting a statement of claim template that aligns with the specific type of dispute to ensure the proper enforcement of your rights. Suitable statement of claims templates are available here, or you can seek free guidance from an online lawyer.
The importance of choosing the correct statement of claim template
Determining the appropriate type of claim you need to file is critical to the success of your case. Regardless of the merits of your arguments, using an incorrect template statement of claims may result in the dismissal of your case as inadmissible. Dismissal as inadmissible occurs when the court declines to examine the substance of the case because the claim fails to meet procedural or legal requirements. In such cases, the court concludes that the claim cannot be adjudicated due to formal deficiencies, without assessing the actual facts or legal arguments presented.
A court may also dismiss a statement of claim as unfounded if the plaintiff's demands cannot be granted in the form presented. For instance, if you aim to claim ownership of a property, you must submit a recovery of ownership claim rather than an enforcement claim, as these serve entirely different purposes. While some cases appear straightforward, complexities arise when several similar claim types exist, each intended for specific legal contexts.
Using an incorrect statement of claims template can lead to rejection without an evaluation of your rights. Therefore, it is essential to ensure that your claim corresponds precisely to your situation - order any statement of claims. For clarity and assistance, consult an online legal professional.
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Commonly used statement of claim templates
Several templates are commonly utilized in civil lawsuits:
A insolvency claim template is suitable for recovering debts from a debtor undergoing insolvency, whether through reorganization or bankruptcy. Creditors must submit declarations to potentially recover owed amounts, otherwise they risk losing the rights entirely.
A payment order template can be used to recover due claims. The payment order is a simplified procedure for recovering claims - certain, liquid, and due - typically requiring written contracts or other documents proving the debt.
The payment notice template is used before initiating a lawsuit to formally request payment from a debtor and is often a mandatory step prior to filing for a payment order.
A contravention complaint template is appropriate for contesting fines issued for contraventions.
2. Finalizing the statement of claim template
Key requirements for any claim filed in a civil lawsuit
According to Article 148 of the Romanian Code of Civil Procedure: “Any request submitted to the courts must be written and include the following: identification of the court to which it is addressed; the full name, domicile, or residence of the parties, or, in the case of legal entities, their name and registered office; the full name, domicile, or residence of their representatives, if applicable; the subject matter of the request; the value of the claim, if applicable; the reasons for the request; and the signature. Additionally, if relevant, the request must also include the email address or other contact information provided for communication purposes, such as a telephone or fax number.”
Regardless of whether it is a statement of claim, or any other type of request filed with the court, several fundamental formal and substantive requirements must be observed:
All court requests must be submitted in writing and Romanian language.
The court to which the request is addressed must be clearly specified. Submitting a statement of claim to an incorrect court (not having jurisdiction) will generally result in redirection. However, this rules does not apply to other types of court requests, which might be added to the wrong case file or disregarded entirely.
The parties involved, or where applicable, the relevant case file number, must be clearly identified.
The subject matter of the request must specify precisely what is being sought from the court.
If the subject matter can be evaluated in monetary terms, its value must be stated.
A detailed explanation of the factual and legal basis for the request must be provided.
The request must be signed by the filer or their legal representative (in which case, proof of representation, such as a power of attorney, must accompany the request).
Additional contact information, such as an email address or other means of communication, should be included, if applicable.
Specific requirements for a statement of claim
A properly drafted statement of claim must include:
Accurate identification of all parties (plaintiff, defendant, or other participants): the statement must provide the full name, domicile, or residence of individual parties, and the name and registered office of legal entities. Mandatory details include the personal identification number (CNP), unique registration code (CUI), registration number, and other relevant identifying information, if known.
Details of legal representation: if the party is represented, the representative's full name and status must be indicated. In cases of representation by an attorney, the attorney's details must also be included, along with proof of representation (e.g., a power of attorney).
The subject matter of the claim: the statement of claim template must clearly specify what the plaintiff is requesting from the court. For claims involving monetary evaluation, the statement must include the calculated value, and the method used to determine it.
Justification for the claim: the statement of claim must detail the factual and legal grounds upon which the claim is based.
Evidence supporting the claim: each head of claims must be supported by evidence, such as contracts, written documentation, cross-examination applications, or witness testimony (the names and addresses of witnesses must be provided).
Signature of the plaintiff or their representative: the statement of claim must be signed by the person submitting it or their authorized legal representative (if the party is represented by a lawyer, a power of attorney is necessary).
3. Seek online legal advice for clarifications
If you encounter challenges or have questions regarding the civil litigation process, consulting a legal professional is an efficient and practical solution. Docs & Deeds provides a streamlined platform for accessing online legal assistance, offering precise and timely answers at competitive costs. This allows you to address procedural or legal uncertainties conveniently, without the need for in-person consultations or significant financial investment.
4. File the statement of claim
Where should the statement of claim be submitted?
After completing the statement of claim and compiling all required documentation, it must be submitted to the appropriate court of law. The type of court - district court, tribunal, court of appeal, or the High Court of Cassation and Justice - is determined based on the nature of the case and the value of the claim.
What are the key requirements before filing a statement of claim?
Prior to submission, ensure payment of the judicial stamp duty, as mandated by Government Emergency Ordinance No. 80/2013. Non-payment or incorrect payment of this fee can result in delays or rejection of your claim.
5. Track the progress of your case on the court portal
After filing your statement of claim, you will receive a case number. Civil case numbers follow the format: [case number] / [court index] / [year of filing].
The progress of your case can be tracked on the official court portal, www.portal.just.ro, where you will find court hearing dates and brief decisions issued by the court (without detailed reasoning).
Additionally, there is an electronic case file system where you can access hearing dates, submitted documents, and other relevant information. Access to the electronic case file is not automatic and is granted only to parties involved, based on a formal request.
6. Manage court hearing dates or appoint a lawyer
What is a summons (citation)?
A citation is a procedural document issued by the court to summon parties, witnesses, or other involved individuals to a scheduled hearing. Its purpose is to ensure that all parties are properly informed about the proceedings and have the opportunity to present their case and defend their rights before the court.
What does a summons contain?
A summons must include the following details:
The name of the court issuing the summons.
The full name of the person being summoned.
The case number and the subject matter of the dispute (e.g., "claims").
The date, time, and location of the court hearing.
The obligation to respond to the summons, either by appearing in person or through a representative (if allowed).
Information on the consequences of non-appearance, such as the case being tried in the absence of the summoned party.
Methods of delivering a summons
If you are a party to a civil lawsuit, you will receive summonses notifying you of the case's progress. The summons may be delivered by:
Mail: With acknowledgment of receipt.
Court procedural agent: A designated individual who personally delivers the summons to the specified address.
Electronic means: If the party has provided an email address or other electronic contact details to the court. Parties may also request exclusive notification via electronic means (e.g., email).
Public posting: At the court’s notice board or the party's residence if the party could not be located.
Special rules
In civil cases, the summons is generally served only for the first hearing and in specific circumstances where the law explicitly requires further summons. Therefore, once you have been summoned, this is usually sufficient for the proceedings to continue, and you may not receive additional notifications from the court.
Attendance at court hearings in a civil case
Attendance at a hearing involves participating physically or through a representative in the court session scheduled by the court. This can be personal (for individuals) or through a lawyer/legal representative (for legal entities or when an individual is represented).
Attending hearings in a civil case allows you to present your arguments, respond to the court's questions, and clarify aspects of the case. In most cases, attendance at civil court hearings is not mandatory. However, if you fail to attend and do not submit a justified request for postponement, the court may proceed in your absence or impose procedural penalties, such as suspending the trial.
7. What you need to know about appeals
If the court's decision is unfavorable to you, the law provides several legal remedies that you can pursue:
Appeal: This can be filed against decisions issued by the first-instance court if there are errors of fact or law. It is the most commonly used form of appeal and allows for a complete review of the case, including the evidence presented, compliance with procedural rules, and correct interpretation of the law.
Recourse (Second Appeal): This is an extraordinary remedy used against first-instance decisions (where no appeal exists) or against appellate decisions. Recourse is limited to specific issues expressly provided by law, focusing on significant legal errors rather than a complete reassessment of the case.
Motion for annulment: This extraordinary remedy seeks to annul a final judgment when it was issued with serious procedural violations.
Revision: Another extraordinary remedy, revision is used to request the modification of a final judgment based on newly discovered circumstances or significant errors that were unknown or unaddressed during the original trial.
It is crucial to respect the deadlines for filing appeals to avoid losing the right to challenge the unfavorable decision. Procedural deadlines for appeals generally range from 15 to 30 days, depending on the type of remedy. Failure to observe these deadlines will result in the dismissal of the appeal as time-barred.
8. If I win a civil lawsuit, how do I enforce the court’s decision?
Winning a civil lawsuit is only the first step toward obtaining the rights recognized by the court’s decision. To enforce the ruling, you must initiate enforcement proceedings if the obligated party (debtor) does not voluntarily comply with the court’s order.
Enforcement proceedings are carried out through an authorized bailiff and require the submission of an enforcement request. Enforcement can take several forms, depending on the nature of the court’s decision, most common being:
Enforcement on the debtor’s assets: seizure and auctioning of movable or immovable assets owned by the debtor.
Garnishment: freezing the debtor's bank accounts or withholding a portion of their income (e.g., wages, pensions, rents).
Direct enforcement: delivery of goods, eviction from a property, or other obligations requiring a specific action by the debtor.
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