{"id":16839,"date":"2025-11-21T17:19:56","date_gmt":"2025-11-21T15:19:56","guid":{"rendered":"https:\/\/blaj-law.ro\/?p=16839"},"modified":"2026-01-16T12:09:19","modified_gmt":"2026-01-16T10:09:19","slug":"bailiff-enforcement-in-romania-how-to-get-there","status":"publish","type":"post","link":"https:\/\/blaj-law.ro\/en\/blog\/bailiff-enforcement-in-romania-how-to-get-there\/","title":{"rendered":"Bailiff enforcement in Romania. How to get there?"},"content":{"rendered":"

Before a creditor can turn to <\/span>bailiff enforcement in Romania<\/b><\/a>, the law requires obtaining an enforceable title. This usually involves a full civil trial, meaning filing a claim, presenting evidence, attending hearings, waiting for the court\u2019s deliberation, and, in many cases, dealing with appeals. Only after a final judgment is issued and becomes enforceable does the creditor obtain the legal instrument needed to proceed.<\/span><\/p>\n

At that moment, the character of the case changes. The dispute is no longer about establishing a right, but about enforcing it. With the enforceable title in hand, the creditor may finally approach a bailiff and start the enforcement procedure, turning a court decision into actual compliance. Understanding both stages is essential for anyone seeking debt recovery Romania.<\/span><\/p>\n

At the outset, several preliminary clarifications are necessary.<\/b><\/p>\n

The civil trial constitutes the procedural framework through which judicial authorities ensure the protection of civil rights. This activity unfolds in accordance with the principles and rules set out in the Code of Civil Procedure, which provides the general structure governing the conduct of civil litigation.<\/span><\/p>\n

As a rule, a civil case is adjudicated according to the ordinary procedure, a procedural route designed to apply uniformly to all categories of civil disputes, irrespective of their subject matter. In practical terms, whether the dispute concerns a contractual claim, a matter relating to property rights, or the dissolution of marriage, the judicial process follows the same fundamental procedural pattern.<\/span><\/p>\n

In addition to the ordinary procedure, the Code of Civil Procedure also regulates several special, simplified procedural mechanisms, applicable only in specific circumstances. These mechanisms aim to facilitate the swift resolution of certain categories of cases, such as payment orders or small claims actions.\u00a0<\/span><\/p>\n

Phases of Civil Proceedings<\/b><\/h2>\n

Civil litigation is usually divided into two stages: the stage in which the court resolves the dispute, and the stage in which the judgment may be enforced. Not every case requires both stages. The trial stage may be unnecessary when an enforceable title already exists, while the enforcement stage is not needed if the debtor pays voluntarily or if the judgment is not an enforceable title and cannot be carried out through enforcement.<\/span><\/p>\n

First Stage \u2013 The Trial<\/b><\/h2>\n

A civil case in the first instance begins when the claimant files a claim against another person, called the defendant.<\/span><\/p>\n

The claim must meet several formal requirements. It must include the names and identification details of both parties, the object and value of the claim, the factual and legal reasons supporting it, the evidence relied on, and it must be signed. The claim must also be stamped according to Government Emergency Ordinance No. 80\/2013 and filed in enough copies for the court and for the other parties.<\/span><\/p>\n

If some of these elements are missing, the court can reject the claim. However, this happens only after the claimant is informed of the issues through a procedure called \u201cregularisation\u201d and has the opportunity to correct them.<\/span><\/p>\n

The oral stage begins at the first hearing date, when the court also estimates how long the evidentiary phase is expected to last, meaning how many hearings will likely be needed to resolve the case. As a rule, this part of the process is public, so anyone may attend the hearing, and the parties are summoned to appear either in person or through a representative.<\/span><\/p>\n

The evidentiary phase is generally the most substantial part of this stage. During this period, the court carries out all procedural steps needed to resolve the dispute. The court decides which pieces of evidence will be allowed and then examines them; it reviews the parties\u2019 claims, defences, and any objections raised either by the defendant or by the court itself. The court also deals with any additional requests made by the parties.<\/span><\/p>\n

It is important to note that, throughout the entire civil process, the claimant has the burden of proof. This means that during the evidentiary phase, the claimant must prove that the claims brought before the court are well-founded.<\/span><\/p>\n

At this point, the parties may still choose to end the case. This can happen if the claimant withdraws the action, if the defendant admits the claimant\u2019s claims, or if the parties conclude a settlement.<\/span><\/p>\n

Once all evidence has been presented and examined, the next step is the debate on the merits. In this phase, the parties present their final oral arguments and conclusions before the court. When the judge considers that all necessary explanations have been provided, the judge closes the debates, marking the end of the oral stage.<\/span><\/p>\n

It is also essential that the claim be filed before the court that has both material jurisdiction (court of first instance, tribunal, court of appeal) and territorial jurisdiction. As a general rule, the competent court is the one from the defendant\u2019s domicile.<\/span><\/p>\n

After the claim is filed, it is randomly assigned to a panel of judges. Once the judges check whether the claim meets the legal requirements, the court sends it to the defendant together with the attached documents. At this point, the defendant may file a defence within the deadline set by the court. If the defence is filed late or not filed at all, the defendant can still argue against the claimant\u2019s statements, but may no longer raise procedural objections or propose evidence.<\/span><\/p>\n

If the defendant also has claims connected to the claimant\u2019s action, he may submit a counterclaim. This is treated as a separate claim but is examined within the same case.<\/span><\/p>\n

Once the defence is filed, or once the deadline expires, the court sets the first hearing date and summons the parties.<\/span><\/p>\n

Once the debates are closed, the case moves closer to a final judgment, but only after the judges deliberate. The panel that heard the case reviews all aspects of the dispute, both the legal arguments and the factual issues supported by the evidence, in order to reach a decision.<\/span><\/p>\n

The delivery of the judgment may be postponed if more time is needed for deliberations. As a result, the decision may be pronounced on the same day, after several weeks, or, in less fortunate situations, even after a few months. After the judgment is pronounced, a short version of the solution becomes available on the courts\u2019 online portal, and the written reasoning must then be drafted and sent to the parties. By law, the court must provide the written reasoning within 30 days from the date of pronouncement, and this deadline may be extended twice, each time for up to 30 days. In practice, these deadlines can sometimes be exceeded.<\/span><\/p>\n

Can the Judgment Be Challenged?<\/b><\/h3>\n

In many cases, at least one of the parties will not be satisfied with the judgment. If a party believes that a different outcome was legally justified, it may file an appeal within the time limit calculated from the date the judgment was communicated to it. After this time limit expires, the judgment becomes final.<\/span><\/p>\n

The type of remedy available is determined by law for each category of judgment. The most common remedy is the appeal, which must be filed within 30 days. In an appeal, a higher court reviews the case within the limits set out by the appellant and may even allow new evidence to be examined.<\/span><\/p>\n

Another remedy is the recourse (second appeal). It may target either the first-instance judgment or the appellate judgment, depending on whether the law allows that specific judgment to be appealed. Unlike the appeal, the recourse focuses strictly on procedural and legal errors and can be filed only for the limited reasons expressly provided by law.<\/span><\/p>\n

Alongside the standard court procedure, the Code of Civil Procedure provides for a number of special, streamlined mechanisms that apply only in specific situations. These procedures are designed to ensure faster resolution of certain types of disputes, such as payment order claims and small claims cases.<\/span><\/p>\n

In such proceedings, the creditor is not necessarily required to wait for the decision to become final, meaning there is no need to wait for the expiry of appeal deadlines or for the appeal to be resolved. Instead, the creditor may proceed directly with enforcement measures against the debtor based on the first instance decision.<\/span><\/p>\n

However, this enforcement is carried out at the creditor\u2019s own risk. If the creditor ultimately loses the case on appeal, the amounts recovered through enforcement must be returned to the debtor, together with any consequences arising from the enforcement procedure.<\/span><\/p>\n

For this reason, decisions issued in payment order proceedings and small claims actions have the nature of <\/span>provisionally enforceable titles<\/b>, allowing enforcement to commence even before the judgment becomes final.<\/span><\/p>\n

Second Stage \u2013 Enforcement of the Judgment. Bailiff enforcement in Romania<\/b><\/h2>\n

Once a judgment becomes final, it must be carried out. If the party who was ordered to fulfil an obligation does not comply voluntarily, the interested party may seek the assistance of a bailiff in order to begin enforcement proceedings and obtain compulsory execution of the judgment. This is one of the typical situations in which <\/span>bailiff enforcement in Romania<\/b><\/a> becomes necessary.<\/span><\/p>\n

In the small claims procedure and in the order for payment procedure, the judgment delivered by the District Court is enforceable by operation of law, meaning that it may be enforced immediately, without waiting for the expiry of any time limit, as is also the case with judgments rendered under ordinary civil procedure. The debtor may file an appeal within 30 days from the service of the judgment; however, the filing of the appeal does not suspend enforcement, so the claim may be recovered until the appeal is adjudicated.<\/p>\n

Under these circumstances, enforcement initiated prior to the settlement of the appeal is carried out at the creditor\u2019s risk, since the admission of the appeal may lead to the annulment or amendment of the challenged judgment.<\/p>\n

According to Article 637 (1) of the Civil Procedure Code: \u201cThe enforcement of a court judgment that constitutes an enforceable title may be carried out only at the creditor\u2019s risk if the judgment is subject to appeal or second appeal; if the enforceable title is subsequently amended or set aside, the creditor shall be obliged, under the law, to restore the debtor to the previous position, in whole or in part, as the case may be.\u201d<\/em><\/p>\n

If the higher court upholds the debtor\u2019s appeal and alters the decision of the first instance, the creditor is required to refund the amounts recovered through enforcement, pursuant to Article 637 (1) of the Civil Procedure Code, which governs the restoration of the previous situation in the event that the enforceable title is set aside. In the event of a partial amendment, enforcement remains valid within the limits of the amount established by the final judgment, and any excess amounts recovered must be returned.<\/p>\n

Forced execution is the procedure regulated by the Code of Civil Procedure through which a debtor who has failed to fulfil an obligation on time can be compelled to pay the debt, including any interest or penalties. The authority responsible for carrying out this procedure is the bailiff, who is the only person legally empowered to conduct enforcement measures, except in cases involving tax debts, which are enforced by the tax authorities under the Fiscal Procedure Code.<\/span><\/p>\n

The enforcement request is submitted to the bailiff operating within the territorial jurisdiction of the Court of Appeal where the debtor has his domicile. The bailiff will seek authorization for enforcement from the competent court, issue a formal notice to the debtor, and apply the appropriate enforcement measures. In this stage, the creditor relies entirely on <\/span>bailiff enforcement in Romania<\/b> to secure the fulfilment of the judgment.<\/span><\/p>\n

When deciding whether to authorize enforcement, the court examines the validity of the enforceable title. Enforcement may be approved only if the creditor\u2019s claim is certain, liquid, and due. In other words, the creditor\u2019s right must clearly arise from the enforceable title, the goods or obligations must be precisely determined, and the debt must have reached its maturity date.<\/span><\/p>\n

If the enforceable title is valid and the claim meets the required legal conditions, the court will authorize the enforcement, and the bailiff may proceed with the measures set out in the Code of Civil Procedure. Before taking any concrete enforcement actions, the bailiff must notify the debtor by sending a formal notice together with the court order authorizing the enforcement.<\/span><\/p>\n

According to Article 624 of the Code of Civil Procedure, <\/span>\u201cEnforcement is carried out through:<\/span><\/i><\/p>\n