{"id":6709,"date":"2026-03-09T16:43:47","date_gmt":"2026-03-09T16:43:47","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=6709"},"modified":"2026-10-31T13:43:56","modified_gmt":"2026-10-31T13:43:56","slug":"how-to-obtain-interim-measures-in-commercial-disputes-attachment-garnishment-and-presidential-order","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/cum-obtii-masuri-provizorii-in-dispute-comerciale-sechestru-poprire-ordonanta-presedintiala\/","title":{"rendered":"Temporary measures in commercial disputes: attachment, garnishment and injunction"},"content":{"rendered":"

In a commercial dispute, a provisional measure may preserve the goods or the factual situation until the court resolves the main claim. The precautionary seizure, the precautionary suspension and the preliminary order have different purposes and conditions. The choice depends on the law invoked, the concrete risk and the temporary result sought; the measure does not replace the final judgment on the merits.<\/p>\n

Security seizure: preservation of the property<\/h2>\n

The seizure of unsecured assets disposes of the debtor\u2019s belongings so that a potential monetary claim can be realized if the plaintiff wins the lawsuit. The measure does not sell the assets and does not mean that the court has definitively established the existence of the debt.<\/p>\n

According to Article 953 of the Civil Procedure Code, the creditor without enforceable title may request the measure under the law. The rule concerns the claim established in writing and enforceable, together with proof of the action being initiated. For claims that are not established in writing or have not reached maturity, the Code provides additional conditions, including justification of the risk and, where appropriate, a security deposit. The exact requirements must be referred to the current text of the article and the status of the claim.<\/p>\n

The request is addressed to the competent court to hear the case in the first instance. The court determines the extent of the measure and may set a bail. The attachment is enforced by the judicial executor, and the indisposable assets cannot be seized as if the measure were already a final enforcement. The debtor may request the attachment lifted in the cases provided by law, including if they provide sufficient collateral.<\/p>\n

Insurance indemnity: amounts and claims owed by third parties<\/h2>\n

Attachment of collateral seeks to preserve the amounts of money, securities or other tangible movable assets that a third party owes to the debtor, under the conditions of Articles 970\u2013971 of the Code of Civil Procedure. It follows, accordingly, similar rules to the seizure of collateral. It is not to be confused with attachment in enforcement: the security measure conserves the assets, whereas enforcement attachment is used to realize a claim based on an enforceable title.<\/p>\n

The Presidential Order: an urgent and temporary measure<\/h2>\n

Article 997 of the Code of Civil Procedure allows the court to order provisional measures in urgent cases, to preserve a right that would be harmed by delay, to prevent imminent damage that could not be repaired, or to remove obstacles to enforcement. The claimant must demonstrate the urgency and the existence of a right, and the measure must be temporary. The court cannot resolve the dispute on its merits in this way, nor can it order a measure that would make the restoration of the factual situation impossible.<\/p>\n

The injunction can also be requested when the substantive proceedings are already underway. It is suitable for a temporary intervention in a concrete conduct or situation, if the legal conditions are met; it is not a shortcut for obtaining the final outcome of the process in advance. The conclusion and the means of appeal are verified in accordance with the special rules applicable.<\/p>\n

How to choose the size and what to prepare<\/h2>\n