What the notice is and why the date of receipt matters
The notice (somatie) is the document by which a court bailiff informs you that enforcement proceedings have started against you and asks you to pay or perform the obligation within a set period. It usually comes with a copy of the enforceable title, such as a court judgment or a loan agreement, and the court order authorising enforcement.
Write down the date you received the envelope and keep it. Important deadlines run from that date, and the shortest is the one for a challenge to enforcement.
What to check in the first few days
Before deciding anything, read all the documents carefully. Some useful questions:
- Who is the creditor and what is the enforceable title? Do you recognise it? Has the debt been assigned to another company?
- Does the amount claimed match what you owe? Check the principal, interest, penalties and enforcement costs.
- Have you already paid all or part of the debt? Do you have proof?
- Has a long time passed since the creditor could request enforcement? The right to enforce is subject to limitation periods set by law.
- Was the judgment later set aside, or is there a pending case about the same debt?
What not to do after receiving the notice
The first useful step is to keep all documents in one file, note the deadlines and check whether you can inspect the enforcement file at the bailiff's office. Access to the file shows exactly which acts were issued and which amounts are claimed.
Wrong reactions in the first few days can make matters worse. The most common are:
- ignoring the notice in the hope that enforcement will stop by itself;
- waiting until the last day to seek help, when the deadlines have almost expired;
- making payments without proof or to someone other than the bailiff or creditor;
- transferring assets to relatives or friends to shield them, which can be set aside and may also have criminal consequences;
- signing agreements you have not read or do not understand.
Challenging the enforcement
A challenge to enforcement (contestatie la executare) asks the court to annul the enforcement or specific enforcement acts when they are unlawful. Grounds may include the lack of a valid enforceable title, wrongly calculated amounts, excessive enforcement costs, limitation, or the seizure of assets that cannot legally be seized.
Under Article 715 of the Romanian Civil Procedure Code, the challenge must, as a rule, be filed within 15 days from the date you received or became aware of the enforcement act you are challenging. The law also provides special rules for calculating this period, so do not wait until the last day.
The challenge is generally heard by the enforcement court, which is usually the local court for the debtor's domicile or registered office. If the enforceable title is not a court judgment, defences on the merits of the debt itself may, under certain conditions, also be raised.
Staying the enforcement
Filing a challenge does not by itself stop enforcement. If there is a risk that your assets will be sold or your accounts frozen before the challenge is decided, you can ask the court to stay enforcement. The court reviews your reasons and usually requires a security deposit calculated on the value in dispute.
In urgent cases, you can also request a provisional stay until the stay application is decided. Each application has its own conditions, and a well-reasoned request supported by evidence stands a better chance of being considered favourably.
Negotiating with the creditor
Not every enforcement needs to be challenged. If the debt is genuine, direct negotiation with the creditor may lead to instalments, reduced penalties or the withdrawal of certain enforcement measures. Any agreement should be in writing, and payments should be made with clear proof.
Negotiation and a challenge are not mutually exclusive. A challenge filed in time often strengthens your position in talks with the creditor.
The information in this article is general. Every enforcement file has its own particularities and requires an individual review of the documents received.
If you have received a notice from a court bailiff, do not let the deadlines pass. The law office of Mr. Bocse Marian-Mihaita can review the enforcement documents, explain your options and represent you before courts throughout Romania.
This article is for information only and does not constitute legal advice. For an analysis of your specific situation, contact a lawyer.
