Enforcement is a procedure that, according to Romanian legal norms, can begin only on the basis of an enforceable title. The procedure can be legally initiated when a customer with debts refuses to make a payment or even when he is unable to pay. Specifically, enforcement can be initiated when the person undergoing the procedure has debts, such as long-term unpaid bank rates, or a large number of bills to a utility provider, for example.
It is important to specify that enforcement is a complex procedure, which has undergone significant and frequent legislative changes.
According to the law, the enforcement case will be carried out between the following two parties:
– the creditor – the natural or legal person whose sums of money must be recovered;
– the debtor – the natural or legal person who must return the amount of money or other non-fiscal goods.
Enforcement is performed by:
1. Tracking the cash of the debtor;
2. Tracking the funds from the debtor’s bank accounts;
3. The pursuit of the debtor’s assets by applying the seizure on the assets and by their forced sale or administration;
4. Tracking the salary, pension, scholarship and other income of the debtor;
5. Tracking the debtor’s funds and assets that are with third parties;
6. Lifting from the debtor to the creditor the objects indicated in the executory document;
7. Other measures provided by law.
How is the debt collection procedure carried out?
According to Art. 663 of the Code of Civil Procedure, enforcement can only be done if the claim is certain (meaning that its undoubted existence results from the writ of execution), liquid (its object is determined or at least determinable) and due. If these conditions are met, then the process can begin when the creditor files the enforcement application.
According to the Code of Civil Procedure, this request:
– is submitted in person or through a legal or conventional representative to the office of the competent bailiff or sent to him by post, courier, fax, e-mail or other means that ensure the transmission of the text and confirmation of receipt of the enforcement request with all supporting documents;
– contains: the name, surname and domicile or, as the case may be, the name and registered office of the creditor and the debtor, the good or type of service due, the methods of execution requested by the creditor;
– has attached the proof of payment of stamp duties, including the judicial stamp, as well as, if applicable, the documents provided by law.
What is the role of the bailiff in the enforcement procedure?
According to the code of civil procedure, the bailiff has an active role throughout the execution, in the sense that he persists, by all means allowed by law, in order to fulfill the obligation provided in the writ of execution;
Moreover, the executor can ask the debtor for clarifications regarding his income and assets, on which the enforcement procedure can be performed; any unjustified refusal of the debtor to appear or to give the necessary explanations, will attract his responsibility.
The bailiff is obliged to suspend the execution, the executory document in case of:
1. Termination of the debtor’s life;
2. Declaring the debtor’s disappearance without a trace;
3. Declaration of his death, if the legal report established by the court admits the succession in rights, until the determination of the successor in rights and the admission of the succession in the execution procedure;
4. Loss by the debtor of the capacity to exercise, until the appointment of the representative;
5. Registration, following the reorganization of the debtor legal entity of a new legal entity, until the admission of the succession in the execution procedure;
6. The contestation by the debtor of the documents of the bailiff, with the condition of depositing the bail, until the finality of the decision by which the contestation was examined;
The importance of a debt collection lawyer
In order not to end up in the situation of forced execution, it is extremely important that the persons fulfill their obligations in good faith, within the term provided by law. In the event that the enforcement procedure has been initiated, in order to avoid the situation of blocking the accounts of a person (debtor), he may conclude a commitment (payment commitment), through which he will undertake to the debt to its creditor in a staggered manner, in the established manner.
Debt collection lawyer
If you are in a situation where you are unable to recover a good material or a sum of money do not hesitate to turn to a debt collection lawyer. It can recover your outstanding debit in the shortest possible time, often even amicably.
If you face certain delicate situations such as non-refund of certain amounts of money, loans or other claims of any kind, lawyers with experience in such litigation, such as those from Hammond Partnership, will take all legal steps to recover. outstanding flows. One of the specializations of the law firm Hammond Partnership is that of debt collection for both legal entities and individuals.
In more complex and complicated cases, the clients of our law firm are represented by lawyers specializing in commercial law or lawyers specialized in civil law.
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