In Romania, through the enforcement procedure, the creditor seeks to recover his claim from the debtor, as established by the enforceable title. Representation and assistance by a lawyer in this procedure are essential, regardless of what capacity you are participating in, as enforcement can be canceled by an appeal against enforcement.
The Blaj Law team is at the side of individuals or legal entities involved in the enforcement procedure by carrying out activities such as:
Initiation of enforcement.
Debt recovery can often be complex due to the debtor’s fault, insolvency, or bad faith. In these situations, the creditor’s only option is to resort to the enforcement procedure to ensure that he recovers the debt owed.
This process starts with drafting a request for enforcement, according to Article 664 of the Code of Civil Procedure, its registration with the bailiff, and its subsequent authorization by the enforcement court. The debtor has the right to oppose enforcement by lodging an appeal against enforcement, which is why legal assistance is recommended throughout the procedure.
Our specialist lawyers can help you to start this process and ensure that your interests are represented throughout the enforcement process.
Assistance and representation throughout the enforcement process.
Our Romanian lawyers provide you with representation throughout the foreclosure, regardless of whether you are a creditor or debtor.
The creditor seeks to recover the debt established by the enforcement title through the enforcement procedure. Representation and assistance by a lawyer during the enforcement phase is essential, whether you are a creditor or a debtor, i.e., you are being enforced.
So, whether you are in the position of either creditor or debtor in a case involving foreclosure, our team of lawyers can help you through all phases of the process and provide you with the representation you need.
Formulation of challenges to enforcement.
We offer you the necessary assistance in drafting your appeal against execution and representing your interests before the court.
Under Article 712 para. (1):
“An appeal may be lodged against an enforcement order, against the decisions given by the bailiff, and against any act of enforcement by those interested in or injured by the enforcement. An appeal may also be lodged against enforcement if the bailiff refuses to carry out an enforcement order or perform an enforcement action according to the law.”
Thus, the challenge to enforcement is the primary means of defense against the debtor and making enforcement more efficient for the creditor. Our team of lawyers helps you in drafting these documents and representing them before the competent court.
Obtaining a stay of enforcement.
If you have already appealed against enforcement, you can apply for a stay of enforcement until it has been resolved in accordance with Article 719 of the Code of Civil Procedure. Paragraph 1 of this Article states:
“Pending the resolution of the appeal against enforcement or other application for enforcement, at the request of the interested party and only for a good cause, the competent court may suspend enforcement. Suspension may be requested at the same time as the appeal against enforcement or by a separate application.”
If the application is granted, it prevents any enforcement acts from being carried out until the enforcement appeal has been resolved, thus being a valuable tool in the event that an unjust enforcement action has been started against you.
To maximize your chances of obtaining a stay in enforcement in Romania, do not hesitate to contact one of our specialist enforcement lawyers.