Small-value claims in the Republic of Moldova: what they are and how they work
The Republic of Moldova has no separate court for "small claims", as some other countries do. It does, however, have a written, simplified procedure within the ordinary courts — plus the right, valid for any kind of dispute, to represent yourself in court.
The small-value claims procedure (art. 2762–2764 CPC)
Introduced by Law no. 17 of 05.04.2018, the procedure applies exclusively to claims for the recovery of a sum of money, where the value of the claim — excluding interest, penalties and court costs — does not exceed 10 average monthly salaries across the economy, as forecast for the year the claim is filed. This is a ceiling recalculated annually (currently approximately 165,000 lei); check the official figure in force on the filing date.
It is a written procedure: as a rule there is no public hearing, and the judge decides on the basis of the documents in the file, unless the court considers it necessary to summon the parties or one of them gives a reasoned request for it.
The court must deliver the operative part of the judgment within 6 months at most from the filing of the claim. The judgment may be challenged only once, by appeal, together with the merits of the case — unlike the ordinary procedure, with several possible avenues of appeal.
Jurisdiction lies with the court at the defendant's domicile or registered office.
Who can use this procedure
Unlike systems where only individuals may bring such a claim, in Moldova a small-value claim may be filed by both individuals and legal entities.
The procedure is optional: if you prefer a public hearing or the dispute is more complex, you may switch to the ordinary procedure at any time, at the latest at the first hearing.
Excluded from the outset are: tax and customs matters, administrative litigation, State liability for acts of public authorities, and non-pecuniary claims.
When it does not apply — what to do then
For claims above the ceiling, for claims that do not concern a sum of money (compelling an act, terminating a contract, repairing an item) or for expressly excluded disputes, the ordinary civil procedure remains available, with a public hearing and standard deadlines.
The good news: in Moldova, self-representation is always permitted, regardless of the value of the dispute, although in complex cases a specialist's assistance can weigh heavily in your favour.
Practical steps
- Draft the claim, clearly stating the identity of the parties, the basis of the claim and the amount requested.
- Attach all relevant evidence — contracts, invoices, correspondence.
- Pay the state fee and the stamp duty (a percentage of the value of the claim, reduced for small-value claims) and attach proof of payment.
- File the claim with the competent court — in person, by post or through the Integrated Case Management Programme.
- The defendant has 30 days from notification to file a response; if they do not, the case is decided on the basis of the documents in the file.
Legal reference
- Civil Procedure Code of the Republic of Moldova, art. 2762–2764 (Chapter XXI1)
- Law no. 17 of 05.04.2018 amending and supplementing certain legislative acts
This article is for general information and does not constitute legal advice for an individual case.