The purpose of enforcement is generally to get back sums of money, but it may also be to have some other kind of duty performed (duty to do something or refrain from doing something, such as to deliver goods or finish work or refrain from trespassing).
The procedure can start only at the request of the creditor, which is sent to the bailiff. Subsequently, the bailiff sends a request for approval to the court, which will give its consent for the start of the enforcement procedure. Whether you are in the process of obtaining a judgment that the bailiff is late in enforcing (creditor), or you are in the situation of the enforced (debtor), the help of a lawyer specialized in debt collection & enforcement procedures is essential to defend your rights.
To force the other party (defendant or your debtor) to comply with the decision pronounced against him/her (for example to pay up), you will have to go to the enforcement authorities. They alone have the power to force the debtor to pay, calling on the forces of law and order if need be.
Parties included in the compulsory enforcement:
– the creditor – the natural or legal person to whom the debtor owes money or different benefits
– the debtor – can be the natural or legal person, the one who owes money or other non-fiscal assets.
How is the law enforcement performed?
– by pursuing the debtor’s movable and immovable property (or third parties who are held liable for its obligations), in order to satisfy the creditors;
– by handing over to the creditor the goods that are provided in the enforceable title (goods considered to be held without right by the debtor);
– by other measures that are provided by law.
Enforcement in the context of the COVID-19 pandemic
The negative effects of the declaration of the global pandemic and of the establishment of the state of emergency were strongly felt at the level of Romanian companies.
The possibility of the employer to supplement the unemployment benefit, the conditions for granting unemployment and the suspension of enforcement procedures – are part of the amendments brought by GEO 32, amid the spread of the COVID-19 pandemic. Starting with 21.03.2020, it was decided to suspend the enforcement measures by seizing the budget receivables, except for the forced executions that apply for the recovery of the budget receivables established by court decisions pronounced in criminal matters.
When the compulsory enforcement ends
There are several situations in which the forced execution process can be completed. The most common are:
– in the case of the debtor’s death;
– if the creditor voluntarily renounces the execution;
– when liquidated legal assets are not sufficient to recover the debt;
– if the debt was recovered or if a transaction was concluded between the debtor and the creditor;
Enforcement measures by seizure of budget receivables are suspended
The measures of suspension of the forced execution by seizure on the incomes and cash availabilities are applied by the credit institutions or seized third parties, without other formalities performed by the Public Service of Taxes, Fees and other Revenues of the Local Budget. All these measures comply with the provisions of art. VII, paragraphs (3) and (4) of the Government Emergency Ordinance no. 29 / 18.03.2020 regarding some economic and fiscal-budgetary measures and will cease within 30 days starting with the exit from the state of emergency.
Exceptions to this provision are the procedures for getting budget receivables established by court decisions in criminal matters. Measures to suspend enforcement by seizure of traceable amounts representing income and cash are applied, by law, by credit institutions or seized third parties, without other formalities from the tax authorities.
Debt Collection lawyer
Thus, if you face certain delicate situations such as non-repayment of certain amounts of money, loans or other debts of any kind, our lawyers specialized in debt collection and enforcement procedures from Hammond and Partners will take all legal steps to recover the outstanding debts. The recovery activity will be carried out either amicably, or through conciliation, mediation or different procedures.
Our lawyers from Hammond and Partners are always ready to give you advice and to find the best solutions for the problems regarding forced execution, either through representation before the Romanian courts, or by providing assistance starting with the verification of the legal situation. While doing business there is always a chance that it will be necessary to collect a debt through Court action. This is why Hammond Partnership offers its experience and knowledge in order to make this process as smooth as possible. We advise local and international companies relating to the recovery of debts în Romania.
