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August 18, 2022
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Pavel Mărgărit and Associates: How to appeal an enforcement or foreclosure in Romania?

Any person who faces an illegally initiated enforcement or foreclosure in Romania can challenge it by filing an enforcement appeal within the time limit provided by Romanian law.

The Romanian Law Firm Pavel, Mărgărit and Associates recommends hiring a lawyer specialized in commercial and enforcement law and litigation who will be able to analyze whether the statute of limitation of enforcement or the expiration of enforcement are applicable, whether the summons was issued illegally or not at all, the nature of the claim to be certain, fixed and due.

 

Essential conditions of enforcement proceedings in Romania

 

The legal basis for initiating enforcement in Romania is the existence of an enforceable title, being mandatory the conditions of the claim to be certain, liquid and due, in particular: the undoubted existence of the claim to result from the enforceable title, the object of the claim to be determined or determinable, and the debtor’s obligation to be due or the debtor to forfeit the benefit of the payment term, in situation like being in a state of known insolvency or reducing the guarantees granted to the creditor, or other creditors make executions on his assets.

 

How can we defend ourselves against illegal enforcement proceedings in Romania? – Procedural incidents during enforcement in Romania

 

According to the legal provisions, the Romanian bailiff is obliged to communicate the debtor a copy of the decision approving the enforcement, a certified copy of the writ of execution and, in principle, a summons. There are many situations in which these steps are not carried out, which leads to the annullment of the forced execution proceedings.

Various procedural incidents may occur during enforcement proceedings in Romania, such as limitation or expiration of enforcement. In order to operate the statute of limitation during a forced execution already started in Romania, it is necessary that more than 3 years have passed between the enforcement acts, without other enforcement acts being drawn up that interrupt the statute of limitation. There are also situations in which, from the beginning of the enforcement, the enforcement title can be invoked in an enforcement or foreclosure appeal in Romania, and all enforcement acts drawn up in the file will be annulled.

Regarding the expiration of the enforcement or foreclosure in Romania, this represents a sanction of the passivity of the creditor, operating under certain conditions provided by law.

Pavel Mărgărit and Associates Romanian Law Firm recommends adressing to a lawyer specialized in commercial law, commercial litigation and enforcement and foreclosure in Romania who will be able to analyze whether there are incidents such as the statute of limitation or expiration of enforcement proceedings and who can stop an illegal enforcement in Romania.

All these procedural incidents can be invoked while appealing an enforcement or foreclosure in Romania submitted within the legal term and under the conditions provided by Romanian law. A lawyer specialized in commercial law, commercial litigation and enforcement will be able to review and asess the possibility of admitting such an appeal and will be able to obtain the annulment of enforcement proceedings before the Romanian competent court.

 

How can we protect ourselves until forced execution/enforcement is canceled in Romania?

 

The legislation in the field regulates the possibility of submitting a request for suspension of the forced execution/ enforcement in Romania until the settlement of the enforcement appeal. It may be submitted at any time during the proceedings, including with the enforcement appeal. In order to obtain suspension of enforcement, it will be necessary to pay a bail, the amount of which depends on the value of the object of the appeal. In case of admission of the request for suspension of enforcement in Romania, the bail will be made unavailable until the moment of settlement of the enforcement appeal by the court by a final decision.

Pavel Mărgărit and Associates Romanian Law Firm recommends adressing to a lawyer specialized in commercial law, commercial litigation and enforcement to calculate the necessary bail, as well as to consider the opportunity to use any legal remedy to block any illegal enforcement proceedings in Romania.

 

 

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