How to enforce a court decision

Romania
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European Judicial Network
European Judicial Network (in civil and commercial matters)

1 What does 'enforcement' mean in civil and commercial matters?

The enforcement provisions are set out in Articles 622-913 of the Code of Civil Procedure. The enforcement procedure is the second stage of the civil proceedings and is intended mainly to ensure the actual exercise of the right recognised by a court judgment/another enforceable document. By resorting to the enforcement procedure, a creditor who is the holder of a right recognised under a court judgment/enforceable document compels the debtor to meet those of his/her obligations as debtor that he/she has refused to meet voluntarily.

The Romanian Code of Civil Procedure sets out a list of direct and indirect enforcement measures.

Direct enforcement measures are those pertaining to the object of the debt established in the enforceable document, more specifically attachment of movable property - Articles 892-894 of the Code of Civil Procedure; attachment of immovable property - Articles 895-901 of the Code of Civil Procedure; and enforcement of an obligation to perform some action or to refrain from performing some action - Articles 902-913 of the Code of Civil Procedure (including special provisions on enforcement of judgments regarding minors - Articles 909-913) and Articles 1527 et seq. of the Civil Code. For enforcement of obligations to perform an action, the law distinguishes between an obligation that can also be executed by a person other than the debtor and an obligation intuitu personae.

Indirect enforcement refers to the means of obtaining the payment subject to the enforceable document through the forced sale of the debtor’s property. Examples of indirect enforcement measures are the attachment of money or the recovery (followed by the sale) of property. Another measure is the recovery of general proceeds from immovable property.

Obligations likely to be subject to enforcement are obligations to make payment, to transfer property or the use thereof, to demolish or clear buildings/plantations/works, or to yield custody of minors and to establish their residence and visiting schedule.

2 Which authority or authorities are competent for enforcement?

Court judgments and the other enforceable documents are executed by a judicial enforcement officer (executor judecătoresc) whose office is located in the jurisdiction of the court of appeal where the immovable property is located in the case of enforcement in respect of immovable goods/unharvested fruit and in the case of direct enforcement in respect of immovable property. The enforced recovery of movable goods and direct enforcement of movable property are executed by the judicial enforcement officer whose office is located in the jurisdiction of the appeal court where the debtor has his/her residence/registered office or where the property is located. If the debtor’s residence/registered office is located abroad, any judicial enforcement officer is competent.

The attachment order is executed at the creditor’s request by a judicial enforcement officer whose office is located within the jurisdiction of the appeal court where the debtor or a third party subject to attachment has his/her residence/registered office. If the bank accounts of a natural or legal person have been attached, competence lies with the judicial enforcement officer whose office is located within the jurisdiction of the appeal court where the debtor has his/her residence/registered office or where the bank at which the debtor opened his/her account has its head office/branch. If the debtor has several accounts open, competence for the attachment of all the accounts lies with the judicial enforcement officer at any of the locations where they have been opened. The enforcement court is the district court (judecătorie) in whose jurisdiction the debtor’s residence/registered office is located on the date of referral to the enforcement court. If the debtor’s residence/registered office is not in Romania, competence lies with the district court in whose jurisdiction the creditor’s residence/registered office is located and, if that residence/registered office is not located in Romania, with the district court in whose jurisdiction the registered office of the judicial enforcement officer in whom powers have been vested by the creditor is located.

The enforcement court deals with applications for declarations of enforceability, appeals against enforcement actions and any other issues arising in the course of enforcement, except for those that are by law within the jurisdiction of other courts or bodies.

The stamp fee for applications for declarations of enforceability is RON 20 for each enforceable document (Government Emergency Order No 80/2013 on legal stamp fees, as subsequently amended and supplemented).

3 What are the conditions under which an enforceable title or decision may be issued?

3.1 The procedure

Enforcement may be carried out only under a court judgment (final judgments, provisional enforceable decisions) or other written act deemed an enforceable document under the law (notarial authentic deeds, debt securities, arbitration awards, etc.).

As soon as he/she has received the application for enforcement filed by the creditor, the judicial enforcement officer arranges for that application to be registered. The judicial enforcement officer issues, by decision, a declaration of enforceability without summoning the parties. The declaration of enforceability enables the creditor to ask the competent judicial enforcement officer to make use, either simultaneously or successively, of all the available means of enforcement in order to exercise his/her rights, including the entitlement to the expenses of enforcement. The declaration of enforceability has effect throughout the country and also covers enforceable documents to be issued by the judicial enforcement officer in the context of the approved enforcement procedure.

Procedural documents may be served by the judicial enforcement officer either in person or through his/her procedural agent and, if this is not possible, in accordance with the legal provisions regarding summoning and service of procedural acts.

As soon as he/she has received the enforcement application, the judicial enforcement officer, by decision, arranges for the application to be registered and for the enforcement file to be opened or, where applicable, refuses to initiate the enforcement procedure, giving reasons for that refusal. The creditor is immediately notified of that decision. If the judicial enforcement officer refuses to initiate the enforcement procedure, the creditor may, within 15 days from the notification date, file a complaint to the court dealing with the enforcement proceedings.

Within not more than three days from the registration of the application, the judicial enforcement officer requests a declaration of enforceability from the court dealing with the enforcement proceedings and submits to that court, in the form of duly certified copies, the creditor's application, the enforceable document, the form of decision sought and the proof of payment of the legal stamp fee.

The application for a declaration of enforceability is handled within not more than seven days from its registration with the court by an order handed down in camera without the parties being summoned. The ruling may be delayed by 48 hours at most, and the reasons for the decision are to be given not more than seven days from the ruling.

The declaration of enforceability enables the creditor to ask the judicial enforcement officer who requested the declaration to make use, either simultaneously or successively, of all the available means of enforcement provided for by law in order to exercise his/her rights, including the entitlement to the expenses of enforcement. The declaration of enforceability has effect throughout the country, and also covers enforceable documents to be issued by the judicial enforcement officer in the context of the approved enforcement procedure.

The court may deny the application for a declaration of enforceability only if: the application comes within the jurisdiction of an enforcement body other than the one before which the application was in fact brought; the decision or, where applicable, the document is not an enforceable document; the document, other than a court judgment, does not meet all the formal requirements; the debt is not certain, of a fixed amount and due; the debtor enjoys immunity from enforcement; the document contains provisions that cannot be met by enforcement; other impediments.

The decision whereby the court admits the application for declaration of enforceability is not open to appeal, but it may be reviewed if the enforcement itself is contested. A decision rejecting an application for declaration of enforceability may be appealed against exclusively by the creditor and within 15 days of the decision's having been notified.

The order for enforcement, reading as follows, is added to the final part of the decision on the declaration of enforceability:

‘We, the President of Romania,

hereby grant powers and instruct judicial enforcement officers to enforce the title (here are inserted the identification details of the enforceable title) for which this decision on the declaration of enforceability was issued. We instruct public law enforcement bodies to support the prompt and effective performance of all the enforcement actions, and prosecutors to insist on compliance with the enforceable title under the law. (To be inserted: the signature of the president of the panel of judges and of the clerk of the court.)’

The National Association of Judicial Enforcement officers (Uniunea Naţională a Executorilor Judecătoreşti) establishes and updates, with the approval of the Minister for Justice, the minimum fees for the services provided by judicial enforcement officers. The following minimum-maximum fees for the activities conducted were set by Order No 2550/2006 of 14 November 2006 of the Minister for Justice:

Notification and service of procedural documents – RON 20-400

Direct enforcement

  • evictions: RON 150-2 200 for a debtor who is a natural person, RON 5 200 for a debtor who is a legal person
  • yielding custody of minors or establishing minors' domiciles: RON 50-1 000
  • visiting the minor – RON 50-500
  • placing in possession, establishing property boundaries, easements, transfer of property, etc.: RON 60-2 200 for a debtor who is a natural person and RON 5 200 for a debtor who is a legal person
  • clearance of works or buildings: RON 150-2 200 for a debtor who is a natural person and RON 5 200 for a debtor who is a legal person

Indirect enforcement

minimum fee

maximum fee

for debts below RON 50 000, 10 % of the amount and RON 75 plus 2 % of the amount exceeding RON 1 000

10 % for debts up to RON 50 000

for debts between RON 50 000 and RON 80 000, RON 1 175 plus 2 % of the amount exceeding RON 50 000

for debts between RON 50 000 and RON 80 000, RON 5 000 plus up to 3 % of the amount exceeding RON 50 000

for debts between RON 80 000 and RON 100 000, RON 1 775 plus 1 % of the amount exceeding RON 80 000

for debts between RON 80 000 and RON 100 000, RON 5 900 plus up to 2 % of the amount exceeding RON 80 000

for debts over RON 100 000, RON 2 500 plus 1 % of the amount exceeding RON 100 000 and RON 5 500 plus up to 0.5 % of the amount exceeding RON 400 000

for debts over RON 100 000, RON 6 300 plus up to 1 % of the amount exceeding the value of RON 100 000.

Attachment

for debts below RON 50 000, 10 % of the amount and RON 75 plus 2 % of the amount exceeding RON 1 000

10 % for debts up to RON 50 000

for debts between RON 50 000 and RON 80 000, RON 1 175 plus 2 % of the amount exceeding RON 50 000

for debts between RON 50 000 and RON 80 000, RON 5 000 plus up to 3 % of the amount exceeding RON 50 000

for debts between RON 80 000 and RON 100 000, RON 1 775 plus 1 % of the amount exceeding RON 80 000

for debts between RON 80 000 and RON 100 000, RON 5 900 plus up to 2 % of the amount exceeding RON 80 000

for debts over RON 100 000, RON 2 500 plus 1 % of the amount exceeding RON 100 000 and RON 5 500 plus up to 0.5 % of the amount exceeding RON 400 000

for debts over RON 100 000, RON 6 300 plus up to 1 % of the amount exceeding RON 100 000

Refusal to pay a bill of exchange, a promissory note or a cheque RON 150-400

Establishment of facts and inventorying of goods: RON 100-2 200 for a debtor who is a natural person, RON 5 200 for a debtor who is a legal person

Selling at auction the good subject to the judicial apportionment RON 150–2 200

Precautionary seizure: RON 100-1 200 for a debtor who is a natural person, RON 2 200 for a debtor who is a legal person

Judicial seizure: RON 100-1 200 for a debtor who is a natural person, RON 2 200 for a debtor who is a legal person

Precautionary attachment: RON 100-1 200 for a debtor who is a natural person, RON 2 200 for a debtor who is a legal person

Record of offer of real value: RON 50-350

Confiscations 10 % of the proceeds (min.) – 10 % of the proceeds (max.)

Advice for preparing enforcement documents: RON 20-200

3.2 The main conditions

Please see the response to Question 2.1.

The creditor and the debtor may agree that the enforcement action be taken wholly/partially against the debtor’s monetary revenues alone, that the goods subject to recovery be sold by agreement or that the debt be paid by other means admissible under the law.

For a judgment delivered by a foreign court, an additional procedure is required, as appropriate, namely a decision declaring enforceability (exequatur).

The debtor’s revenues and goods may be subject to enforcement if they can be recovered and only insofar as it is necessary in order to exercise the creditors’ rights. Property subject to special circulation regimes can be recovered only in accordance with the conditions provided for by law.

As regards the debtor, there is a special condition whereby no enforcement procedure must be initiated unless the debtor has been summoned properly for each form of enforcement. There are also other specific provisions in relation to the debtor, such as those regarding minor debtors or major debtors declared as lacking legal capacity, against whom no enforcement action may be taken unless there is a guardian or a custodian.

4 Object and nature of enforcement measures

4.1 What types of assets can be subject to enforcement?

The debtor’s revenues, including general revenues from buildings, amounts in bank accounts, movable and immovable goods, etc. may be subject to enforcement. Please see the answer to Question 1.

4.2 What are the effects of enforcement measures?

After the movable goods owned by the debtor or held by third parties have been identified, they are to be seized. At the judicial enforcement officer’s request, the seizure may be noted in the Trade Register (registrul comerţului), in the Electronic Archive of Real Estate Collateral (Arhiva Electronică de Garanţii Reale Mobiliare), in the inheritance book (registrul succesoral) kept by the Chamber of Notary Publics (camera notarilor publici) or in other public records. From the moment of seizure of goods, they are no longer available to the debtor for the enforcement period, subject to penalty with the application of a judicial fine except where the act constitutes an offence. If the amount due is not paid, the judicial enforcement officer will sell the seized goods at an auction, or by direct sale, or by other means admissible under the law (Article 730 et seq. of the Code of Civil Procedure).

The sums of money, securities or other intangible movable assets that can be recovered and that are due to the debtor or held on the debtor’s behalf by a third party or that the third party will owe to him/her in the future under current legal relations are subject to attachment. All the attached sums of money and assets are frozen from the date when the attachment injunction has been sent to the third party subject to attachment. From the time of freezing until the full payment of obligations stated in the enforceable document, the third party subject to attachment will not make any payment or conduct any operation that is likely to reduce the frozen assets. If the third party subject to attachment fails to meet his or her obligations regarding the attachment, the creditor seeking payment, the debtor or the judicial enforcement officer may notify the enforcing court in order to validate the attachment. The final validation decision has the effects of an assignment of claim and constitutes a document enforceable against the third party subject to attachment. After the attachment has been validated, the third party subject to attachment deposits or pays a sum within the limits of the amount expressly indicated in the validation decision. If the third party fails to meet these obligations, an enforcement action may be brought against the third party subject to attachment based on the validation decision (Article 780 et seq. of the Code of Civil Procedure).

As regards enforcement against immovable property, if the debtor does not pay his/her debt, the judicial enforcement officer initiates the selling procedure after the declaration of enforceability has been served and has been entered in the land register (Article 812 et seq. of the Code of Civil Procedure).

4.3 What is the validity of such measures?

The measures come to an end six months from the date of compliance with any enforcement action (Article 696 et seq. of the Code of Civil Procedure) if the creditor has let this period elapse without having undertaken any other recovery actions.

The limitation period is three years (Article 705 et seq. of the Code of Civil Procedure).

5 Is there a possibility of appeal against the decision granting such a measure?

An appeal may be lodged against the actual enforcement actions; the enforceable document may be appealed against for clarification of meaning, scope or application of the document. If the enforcement action is taken under a court judgment, the debtor cannot contest it by invoking reasons in fact/in law that he/she could have brought at the trial before the court of first instance or by bringing an appeal against that judgment. A new appeal cannot be lodged by the same party for reasons that existed on the date of a first appeal.

The competent court is the enforcement court or, for clarification of meaning, scope/application of the enforceable document, the court that issued the judgment to be enforced.

The appeal may be lodged within 15 days from:

  • the date when the appellant was made aware of the enforcement order;
  • the date when the relevant interested party learned of the imposition of the attachment;
  • the date when the debtor was served the summons or the date when he or she was made aware of the first enforcement step.

An appeal for clarification of meaning, scope or application of the enforceable document may be lodged at any time within the period of limitation of the right to request an enforcement action. An appeal whereby a third party claims to have a right of ownership/a right in rem over the recovered property may be lodged within 15 days from the sale/date of transfer of the property. Failure to lodge an appeal within the above-mentioned time limit does not preclude the third party from exercising his/her right by way of a separate application.

If it sustains the appeal against the enforcement, the court, where applicable, voids the enforcement order appealed against or issues a ruling for the correction, annulment or termination of the enforcement action itself, the annulment or clarification of the enforceable document or the taking of the enforcement step compliance with which has been refused. If the appeal is rejected, the appellant may be obliged to pay compensation, upon application, for the damages caused by the delayed enforcement and, when the appeal has been lodged in bad faith, he or she is also obliged to pay a fine.

6 Are there any limitations on enforcement, in particular related to debtor protection or time limits?

Certain goods and property are exempt. As regards movable property, this consists of: goods for personal use or household items indispensable for the livelihood of the debtor and his/her family; religious items; items indispensable for disabled persons and those intended for the care of sick people; food necessary for the debtor and his/her family for three months and, if the debtor lives exclusively on farming, the food needed until the next harvest; animals intended to procure the means of livelihood, and the feed needed for these animals until the next harvest; the fuel necessary for the debtor and his/her family for three winter months; personal or family letters, photographs and paintings, etc.

In addition, the debtor’s wages/pension may be recovered only up to only one half of his or her net monthly wages, in the case of amounts due as a maintenance obligation, and only up to one third of the net monthly wages for other types of obligation.

If the income from work or sums of money paid regularly to the debtor that ensure his or her livelihood amount to less than the national net minimum wage, recovery may be effected only on the amount in excess of half the minimum wage.

There is one category of revenue that is excluded from enforcement, consisting of state benefits and allowances for children, payments for the care of a sick child, maternity benefits, death benefits, scholarships granted by the State, daily allowances, etc.

Please see also the answer to Question 4.3.

Relevant links

http://www.executori.ro/ http://www.just.ro/

Last update: 28/03/2017

The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

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