Challenging enforcement proceedings

Description

Challenge to enforcement proceedings: garnishment and prescription

You have received enforcement documents and want to check if they can be contested? We analyze the title, communications, amounts, and the chronology of the case. The applicable deadline must be determined immediately, depending on the challenged act and the specific situation.

What we can check

• The enforcement documents, the quality of the parties and the amounts sought.
• Unpaid payments, expenses and possible procedural irregularities.
• The withholding of salary, pension or account balances and the nature of the blocked amounts.
• The prescription of the right to obtain forced execution and the effects of the acts undertaken.
• The necessity and conditions of a separate request for suspension.

The prescription for forced execution

The length of the debt does not in itself prove the prescription. We check the date from which the term begins, the title and the documents that can interrupt or suspend its course. The prescription does not automatically apply just because three years have passed; there are different rules and deadlines, depending on the nature of the right and the title.

Required documents

The summons, the place of garnishment, the agreements, the title, the relevant contract, the payment evidence and all communications. Keep the envelope or the electronic confirmation, including for the first recall you learned about. Mention whether the enforcement is civil or fiscal.

Frequently asked questions

Since when does the deadline apply if I received a garnishment?

In civil forced execution, the general period for contesting the enforcement is 15 days from the receipt of the communication or the notification regarding its establishment, unless the law provides otherwise. If the enforcement concerns periodic income, such as salary, the period begins at least with the first withholding from that income (Article 715(1)(2) of the Code of Civil Procedure). To calculate the period, prepare both the proof of the communication and the document showing the date of the first withholding.

Does the appeal automatically suspend the suspension?

No. The possibility of suspension is analyzed separately, including the conditions and the possible bail.

Does paying the debt immediately clear any blockage?

The cancellation of all outstanding amounts must be verified and the measures to stop the payments communicated. Proof of payment is required, but the procedure does not consist of a message to the bank.

Is the consultation free of charge?

The services and the fee are determined before the takeover, by contract. The file analysis and representation have objectives that become clear from the beginning.

How we start the collaboration

We discuss your objective, the available documents and the urgency of the matter. After reviewing the documents, we explain the options, risks and proposed services. Fees are agreed in a legal services agreement according to the complexity and stage of the case. Constantin Andor was admitted to the Bar in 2000 and established the law office in 2007. We collaborate with other lawyers and experts where the case requires it.

Call: 0732.710.701 · Contact us on WhatsApp · Request a consultation. Tell us the date of the document and the next deadline or hearing. Confidential documents should be sent using the method agreed with the law office.

Related legal services

• Enforcement proceedings lawyer in Bucharest
• Debt recovery lawyer in Bucharest
• Unfair contract terms and credit disputes lawyer in Bucharest

Wage Garnishment and garnishment increase

If the immediate problem is the salary freeze, also prepare proof of the withholdings made by the employer. Wage Garnishment and garnishment increase.