Enforcement is a procedure by which bailiffs recover tax and non-tax debts that a citizen has not paid or refuses to pay. Whether you are in the process of obtaining a judgement that the bailiff is late a debt collection lawyer‘s help is essential to defend your rights.
Enforcement costs can be defined as those expenses incurred by the parties to the civil enforcement report that are necessary to perform enforcement acts or activities directly related to enforcement.
Enforcement can be done directly, in which case the debtor forcibly delivers the goods, or indirectly by:
- pursuit of the debtor’s movable and immovable property of other persons liable for his obligations;
- handing over to the creditor the goods that the debtor owns without right;
- seizure of income.
Enforcement costs include:
- the stamp duties necessary to initiate enforcement
- the bailiff’s fee, which is established according to the law
- the lawyer’s fee in the forced execution phase
- the fees of the expert and translator
- expenditure incurred in disclosing the enforcement procedure and in carrying out other acts of enforcement
- transport costs
- other expenses provided by law or necessary for the execution of the forced execution
The amounts due to be paid shall be determined by the bailiff on the basis of the evidence submitted by the interested party, in accordance with the law. These amounts may be censured by the enforcement court, by way of an enforcement appeal filed by the interested party and taking into account the evidence administered by them. Suspension of enforcement in respect of such enforcement costs shall not be conditional on the payment of a security.
In carrying out the usual commercial activities, there is always the possibility of having to go through legal procedures in order to recover outstanding debts. In this sense, our law firm comes to your aid, putting all its experience gained over the years to help make this process as simple and easy as possible.
Enforcement ceases if:
- the obligation provided in the executory title has been fully fulfilled, the execution expenses have been paid, as well as other amounts due according to the law
- can no longer be carried out or continued due to the lack of traceable goods or the impossibility of capitalizing on such goods
- the creditor has given up enforcement
- the enforceable title has been abolished
- the execution was cancelled
How can a Debt Collection Lawyer help you
The activities currently managed by a debt collection lawyer usually consist of checking the clauses in credit agreements or other such contracts governing financial reports, analysing the opportunity to file an appeal to enforcement, of a request for suspension of enforcement, as well as representation and assistance in the parties to litigation concerning objections to enforcement.
What are the legal services that debt collection lawyers provide to defend your rights?
Our debt collection lawyers from Hammond Partnership are always ready to give you the best advice and to find the best solutions for the problems regarding enforcement, 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 in Romania.
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