The appeal against enforcement is a way to obtain the annulment of any measure of forced execution by the interested party by forced execution. After the initiation of forced execution, the interested parties may request by means of appeal against enforcement the annulment of the hearing report by which the application for a declaration of enforceability was granted, if the legal conditions have not been met Pavel, Mărgărit & Associates Law firm in Romania recommends using the services of a lawyer specialized in civil law, appeals against enforcement and litigation to guide you in the necessary steps to draft appeal against enforcement regarding an enforceable title.

What are the conditions under which an appeal against an enforceable title is admissible?

If an appeal against enforcement is made against an enforceable title by a lawyer specialized in civil law, appeals against enforcement and litigation, factual or legal grounds relating to the right contained in the enforceable title may be invoked, only if the law does not provide a way in connection with that enforceable title for its abolition. A new appeal against enforcement by the same party cannot be made for reasons which existed at the time of the first appeal against enforcement. However, the appellant may amend his original application by adding new grounds for the appeal against enforcement if, regarding the latter, the statutory period for the motion of the appeal against enforcement is respected.

What can you do in case of forced execution? Where can the appeal for enforcement be filed?

The appeal to enforcement on regarding the meaning, scope or application of the enforceable title shall be filed with the court that issued the verdict that is being enforced. If such an appeal concerns an enforceable title that it was not issued by Court, jurisdiction lies with the enforcement court. An appeal against enforcement may be made at any time within statute of limitations of the right to obtain forced execution.

A lawyer specialized in civil law, appeal against enforcement and litigation can provide guidance on filing an appeal against enforcement regarding an enforceable title.

How is the appeal against enforcement resolved?

Pending the resolution of the appeal against enforcement or other enforcement request, at the request of the stakeholder and only for good reasons, the competent court may suspend the forced execution. The suspension of forced execution may be requested at the same time as the appeal against enforcement or by separate application.

If the court admits the appeal against enforcement, the court will annul or clarify the enforceable title. In case of rejection of the appeal against enforcement, the contestant may be obliged, upon request, to compensation for the damages caused by the delay of the forced execution, and when the appeal against enforcement has been exercised in bad faith, he will also be obliged to pay a judicial fine. The decision to admit or reject the appeal against enforcement, which remains final, will also be communicated to the judicial bailiff. If the appeal against enforcement is admissible, the judicial executor is obliged to comply with the measures taken or ordered by the court.

The remedies of appeal against enforcement

With regard to the enforceable title, the decision that settled the appeal against enforcement on its meaning, scope or application is subject to the same remedies as the verdict of the court that is being enforced. If in the appeal against enforcement has been asked to clarify the meaning, scope or application of an enforceable title that does not constitute a decision of a court body, the decision by which the appeal was resolved may be appealed only by appeal.

In conclusion, this article tells you what can you do in case of forced execution, respectively you can appeal against foreclosure through a lawyer specialized in civil law, enforcement against appeals and litigation against a creditor. The appeal against enforcement shall be lodged with the court that delivered the verdict that is being enforced. Pending the settlement of the appeal against enforcement, the competent court may suspend the forced execution. If the court admits the appeal against enforcement, the court will annul or clarify the enforceable title, and if it rejects the appeal against enforcement, the contestant may be ordered to compensation.

Pavel, Mărgărit & Associates Law Firm in Romania recommends contacting a lawyer specialized in civil law, appeals against enforcement and litigation, who can advise you on the strategy to follow if you want to appeal against an enforceable title.

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