Legal assistance in litigation and enforcement procedures in Romania

According to the Civil Procedure Code, the bailiff seeks the approval of forced execution in Romania from the enforcement court, at the creditor’s request. The approval of forced execution procedure in Romania allows the creditor to request the bailiff to resort, simultaneously or successively, to all methods of execution provided by law to realize their rights, including the execution costs and the enforceable titles that will be issued by the bailiff within the forced execution procedure in Romania. For these reasons, The Romanian Law Firm Pavel Mărgărit and Associates recommends contacting an enforcement lawyer in Romania to assist and represent you in all stages of the forced execution in Romania. A team of lawyers specialized in enforcement proceedings in Romania can provide legal advice, prepare and submit the necessary documents, manage the relationship with the bailiff and ensure compliance with all legal procedures to maximize the chances of debt recovery in Romania.

Enforcement lawyers. Performing Forced Execution Acts

If the execution request has been approved, the bailiff will communicate to the debtor a copy of the decision pronounced by the court. At the same time, the debtor will be summoned to fulfill their obligations, indicating that if they fail to do so, the forced execution procedure in Romania will continue. Generally, forced execution in Romania acts can only be performed after the expiration of the term indicated in the summons or, in its absence, within the term provided in the decision approving the enforcement proceedings in Romania. However, the debtor who benefits from a payment term will lose this benefit at the creditor’s request if, among others, the debtor evades fulfilling their legal obligations for the purpose of forced execution and more. Therefore, the team of enforcement lawyers in Romania can inform you about the ways the debtor can lose the benefit of the payment term and assist you in drafting and submitting the necessary requests to initiate forced execution procedures in Romania.

Enforcement lawyer. Termination, postponement and suspension of forced execution

Termination, postponement and suspension of forced execution in Romania are distinct legal mechanisms regulating how the enforcement proceedings in Romania are conducted. While termination of forced execution in Romania leads to the cancellation of execution acts, postponement and suspension of forced execution in Romania only offer a temporary interruption of the process, each with specific conditions and effects.

The termination of forced execution in Romania occurs when the creditor, due to their own fault, does not perform an act or step necessary for forced execution in Romania requested by the bailiff within 6 months. In this case, the forced execution is automatically terminated. The enforcement court acknowledges the termination of forced execution in Romania, leading to the cancellation of all execution acts, except those that partially fulfilled the claim and accessories. However, the creditor can file a new forced execution request within the prescription term.

The postponement of forced execution in Romania is only possible under certain conditions. The bailiff can postpone the execution if the citation procedure or the preparation of sale announcements have not been completed or if the creditor has not fulfilled their obligations. The postponement of forced execution in Romania represents a temporary delay of the execution process, meant to ensure the correct observance of legal procedures and the protection of the rights of all involved parties.

The suspension of forced execution in Romania implies a temporary stay of the execution acts. During the suspension of forced execution in Romania, previously performed execution acts and the measures to immobilize goods, incomes and bank accounts remain in force, except in cases where the law or a court decision provides otherwise. After the suspension of forced execution in Romania ends, the bailiff can order the continuation of the enforcement proceedings in Romania, provided the execution acts or the forced execution itself have not been canceled by the court or ceased by law.

Understanding these differences is essential for the correct and efficient management of enforcement proceedings in Romania, which is why The Romanian Law Firm Pavel Mărgărit and Associates recommends contacting enforcement attorneys in Romania to receive specialized legal advice in this regard.

“Contacting enforcement attorneys in Romania is essential to ensure you follow all the legal steps in the forced execution procedure in Romania, both for the creditor and the debtor,” said the Managing Partner Dr. Radu Pavel of The Romanian Law Firm Pavel Mărgărit and Associates.

The Romanian Law Firm Pavel Mărgărit and Associates invites you to confidently use the services of an enforcement lawyer in Romania to support you in resolving any issues related to forced execution in Romania. We have a dedicated team of enforcement lawyers in Romania ready to offer detailed and high-quality legal assistance by completing the contact form with a simple access to the address https://avocatpavel.com/contact/.

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Enforcement Attorneys. Termination of Forced Execution

Forced execution ceases if the obligation provided in the enforceable title in Romania is fully fulfilled, there are no more assets, the creditor waives the forced execution, the enforceable title in Romania is annulled, or the execution is canceled. The bailiff draws up a motivated decision to communicate the termination of forced execution in Romania to the creditor and the debtor. In cases of lack of assets, waiver of execution or cancellation, the enforceable title in Romania is returned to the creditor. Forced execution in Romania can still be resumed if the legal conditions are met, including on the same assets, within the prescription term for obtaining the forced execution. An enforcement lawyer in Romania can guide you both during the forced execution procedure in Romania and in analyzing your situation and calculating the prescription term to obtain forced execution, if it has ceased.

The Romanian Law Firm Pavel Mărgărit and Associates has vast experience in enforcement proceedings in Romania, being internationally recognized for complex projects where they achieve debt recovery in Romania. To benefit from appropriate legal representation and to identify and properly support the arguments that underpin the forced execution request, it is recommended to hire enforcement lawyers in Romania, who can provide legal assistance at all stages of the process and help achieve a favorable solution for the client.

Pavel, Margarit and Associates Romanian Law Firm is one of the top law firms in Romania, providing high-quality legal services. The firm’s clients include multinational and domestic companies of great magnitude. In 2024, the law firm’s success stories brought it international recognition from the most prestigious international guides and publications in the field. As a result, Pavel, Margarit and Associates Law Firm ranked 3rd in Romania in the Legal 500’s ranking of business law firms with the most relevant expertise. The law firm is internationally recognized by the IFLR 1000 Financial and Corporate 2024 guide. Additionally, Pavel, Margarit and Associates Law Firm is the only law firm in Romania recommended by the international director of Global Law Experts in London in the Dispute Resolution practice area. All relevant information about Pavel, Margarit and Associates Law Firm can be found on the website www.avocatpavel.com.