Precautionary attachment lawyer in Bucharest
Is there a risk that the debtor’s assets will no longer be available for enforcement, or have you received documents concerning an attachment? We review the conditions for the measure, the evidence of the claim and the available procedural remedies.
Description
Precautionary attachment lawyer in Bucharest
Is there a risk that the debtor’s assets will no longer be available for enforcement, or have you received documents concerning an attachment? We review the conditions for the measure, the evidence of the claim and the available procedural remedies.
Securing the claim and recovering the money
In civil matters, precautionary attachment freezes certain assets for possible enforcement later. It does not replace a judgment on the debt or mean immediate payment. We check the documentary evidence of the claim, its due date, whether proceedings have been brought, and the requirements for security applicable to the situation.
Support for the creditor
- Analysis of the contract, invoices and recognition of the debt.
- Verification of the legal conditions and the relevant evidence.
- Preparation of the claim and coordination with the main dispute.
- Analysis of the targeted assets and the implementation measures.
If the measure affects your property
Prepare the court order, proof of service and the enforcement documents you have received. We review the grounds for the measure and the options for challenging it or having it lifted, depending on the stage of the case. Do not assume that filing any application suspends the effects of the measure; this requires a separate assessment.
Civil, criminal or fiscal attachment?
We first identify the authority that ordered the measure. Civil rules do not automatically apply to the seizure instituted by the prosecutor or the fiscal authority. The deadlines, jurisdiction, and subject matter of the appeal may be different. Mention in the first message whether it is a criminal case, a tax claim, or a contractual dispute.
Necessary acts
Prepare the contract and annexes, invoices, proof of payments, correspondence about the debt, the statement of claim and documents concerning the measure. Specify the dates of service and the assets affected. If there is a guarantor, co-owners or other encumbrances, provide the documents relevant to assessing the scope of the measure.
Frequently asked questions
Is the amount of security the same in every case?
No. The requirement and the amount depend on the legal hypothesis and the analyzed situation.
Does the seizure guarantee the full recovery?
No. The solution to the dispute, the assets to be seized, and the rights of other creditors are relevant.
Can I request the analysis of a measure from the criminal case file?
Yes. We establish from the beginning the procedure for that measure and the necessary documents.
How can the court order concerning a civil attachment be challenged?
Under the ordinary civil procedure, Article 954(3) of the Code of Civil Procedure allows an appeal within five days of service of the order. If the court of appeal has jurisdiction at first instance, Article 959 provides for an appeal on points of law (recurs), with the relevant rules applying accordingly. Keep the order and proof of service so that the time limit can be checked; other applications concerning attachment may be subject to different rules.
Is challenging enforcement the same procedure?
No. Article 955(4) allows a challenge to the way the judicial enforcement officer implements the measure. This remedy is assessed separately from challenging the order by which the court ruled on the attachment application. For a review of the enforcement officer’s documents, see our service for challenging enforcement proceedings. Provide all documents received and their dates of service, without assuming that the same time limit applies to every procedure.
Request the analysis of the documents
Lawyer Constantin Andor has been a member of the bar since 2000 and has operated his law office since 2007. Services and fees are agreed in a legal assistance contract after the objective and documents have been clarified. The law office works with lawyers and experts according to the needs of the case. We do not guarantee a particular outcome or duration.
Call: 0732.710.701 · Contact us on WhatsApp · Contact form. Mention any approaching deadline. Confidential documents should be sent using the method agreed with the law office.
