Debt recovery in Romania
The process of debt recovery is an essential process for protecting the rights of creditors and maintaining financial balance in a stable economic environment. When an individual or legal entity fails to honour their payment obligations, the creditor has at their disposal several debt recovery mechanisms regulated by law, which may be pursued step by step depending on the debtor’s behaviour and the nature of the obligation.
In this regard, The Romanian Law Firm Pavel Mărgărit and Associates offers specialised legal services in debt recovery, forced execution, identifying and respecting deadlines for contestation to enforcement, drafting and filing contestation to enforcement, payment notice, demand for payment, account seizure, litigation lawyer representation, enforcement lawyer counselling, suspension of forced execution, amicable settlement, as well as consultancy on insolvency procedures, providing full representation before a bailiff and competent courts, in accordance with the provisions regulated by the Civil Procedure Code.
Foreclosure lawyer in Romania. Forced execution, enforceable title, contestation to foreclosure
The legal procedure of foreclosure or forced execution is that by which a creditor, through a bailiff, compels a debtor to fulfil an obligation established by an enforceable title, when the debtor does not comply voluntarily. The procedure is regulated by the Civil Procedure Code and is initiated at the creditor’s request, who submits a written application to a bailiff, accompanied by the enforceable title and other relevant documents.
An enforceable title is understood as a document certifying the existence of a certain, liquid and due obligation that can be enforced via forced execution. It allows a creditor to request the intervention of a bailiff in order to execute the procedure of the debt recovery. Thus, the enforceable title constitutes the essential condition for triggering forced execution, since the law provides that it may only be carried out “on the basis of an enforceable title”.
In the absence of such a legally recognised title, any enforcement procedure is unlawful and may be annulled through a contestation to enforcement. Recognised enforceable titles include: enforceable or final court judgments, judgments with provisional execution, arbitration awards, notarial deeds, credit titles, as well as other documents expressly recognised by law.
The contestation to enforcement process is a procedural remedy through which interested parties or harmed persons may file a contestation to foreclosure against abusive forced execution, orders issued by the bailiff, or any other enforcement act. Moreover, a contestation to enforcement may also be filed if the bailiff refuses to carry out forced execution or to perform any act in this regard, or when clarifications are needed regarding the meaning, scope or application of an enforceable title.
Thus, the contestation to enforcement is a procedure whereby a debtor may obtain protection against forced execution measures applied without legal compliance, but only if the contestation is correctly drafted and filed within the terms provided by law. Among the grounds for contesting an enforceable title are procedural errors, statute of limitations, unfair clauses or the fact that the debt has already been settled. A Bucharest lawyer and civil lawyer specialised in enforcement, foreclosure and forced execution can professionally analyse the enforcement documents, identify irregularities in advance and request the suspension of forced execution, providing the debtor with necessary protection until the litigation is finally resolved.
The Romanian Law Firm Pavel Mărgărit and Associates offers top‑level legal services in various practice areas, including the forced execution or foreclosure procedure, presenting clear and efficient legal solutions. Our team demonstrates a comprehensive understanding of the applicable legal framework and provides full assistance to clients at all stages of foreclosure, from analysing the enforceable title to court representation.
Litigation and civil lawyer in Romania. Where, when and how to file a contestation to foreclosure – the role of a specialised lawyer in protecting debtor rights
A contestation to foreclosure is generally filed with the enforcement court. If the assets to be enforced are real estate or income generated from real estate located in a different court’s jurisdiction than that of the enforcement court, the contestation to enforcement may instead be filed at the court where the real estate is situated.
The contestation to enforcement, filed to clarify the meaning, scope or application of an enforceable title, is submitted to the court that issued the judgment being enforced. Since the category of enforceable titles is not limited to enforceable or final rulings, but also includes provisional execution decisions or titles issued by non‑judicial authorities, the jurisdiction generally lies with the enforcement court, pursuant to the Civil Procedure Code.
The filing deadline for a contestation to foreclosure is 15 days, unless otherwise provided by law, counted from the date the contesting party became aware of the enforcement act. Until the litigation is finally resolved, the interested party may request the suspension of forced execution, either by separate application or together with the contestation to enforcement, with the payment of a surety if required by law. Collaboration with a litigation lawyer or an enforcement lawyer is recommended to ensure compliance with the filing deadline for contestation to enforcement, to identify cases where suspension of forced execution does not require a surety deposit, and to determine valid grounds for requesting suspension until resolution of the contestation to enforcement or other application, including calculation of the surety amount under legal regulations.
Under these circumstances, the Romanian Law Firm Pavel Mărgărit and Associates recommends addressing a Bucharest lawyer, debt recovery lawyer, enforcement lawyer, or litigation lawyer to assist in drafting and filing a contestation to foreclosure that meets legal standards, to support the identification of grounds against abusive or erroneous forced executions, as well as to file a suspension of forced execution request if necessary, in order to protect the debtor from enforcement measures until the matter is resolved.
Don’t go through these challenges alone. Contact us today for expert support tailored to your needs.
Debt recovery lawyer in Romania. Other debt recovery procedures
The debt recovery procedure encompasses all legal and extrajudicial steps by which the creditor seeks to obtain the owed payment, thus ensuring enforcement of their patrimonial rights in an effective manner according to legal provisions. A debt recovery lawyer and an enforcement lawyer in Bucharest can ensure the selection of the most appropriate route in accordance with the Civil Procedure Code.
The first step in resolving a dispute is amicable settlement, involving direct negotiations between creditor and debtor to establish clear payment terms. This method is advantageous due to its speed, efficiency and lack of additional costs. Additionally, an amicable settlement helps maintain functional commercial relationships between parties, which is crucial in long‑term collaborations. A litigation lawyer, or a civil law attorney specialising in debt recovery, has experience in dispute management and can assist in the amicable settlement procedure, providing guidance to reach an agreement.
If the settlement fails, an essential step in the debt recovery process is sending a demand for payment to the debtor. This formal payment notice serves to pressure the debtor into fulfilling their financial obligations. While a payment notice itself is non‑litigious, it may lead to resolution or, if ignored, to court proceedings. A civil lawyer, or a debt recovery lawyer in Bucharest, is instrumental in drafting and delivering this payment notice so that all legal requirements are met and the chances of debt recovery increase.
In the foreclosure procedure, payment notice and demand for payment are key preliminary steps. A payment notice is informal and informative, used by the creditor to request payment of the debt before initiating the foreclosure, without strict legal form. In contrast, a demand for payment is a formal act issued by the bailiff, representing the first procedural step in a forced execution, giving the debtor a deadline for voluntary payment. If the execution is illegal, the debtor may file a contestation to enforcement. In the absence of payment, the creditor may request enforcement measures such as account seizure.
The judicial debt recovery route comes into play when amicable resolution fails and the debtor does not fulfil payment obligations. The creditor may initiate a claim for payment whereby the court orders the debtor to pay the owed amount, penalties and legal costs. In such cases, the expertise and guidance of a debt recovery lawyer, or a litigation lawyer is decisive in debt recovery, claim for payment, payment notice, demand for payment, enforcement, and account seizure, ensuring compliance with legal standards until resolution.
Another form of debt recovery is through insolvency proceedings, applicable when the debtor is insolvent. By initiating insolvency, creditors may participate in the creditors’ statement of affairs, file a statement of claim, and contribute to liquidating the debtor’s assets to cover debts. A civil law attorney specialising in insolvency can provide full legal assistance, from drafting the petition to representing the creditor throughout the procedure and monitoring the entire process.
“In the debt recovery process, each step can be a challenge. From amicable settlement to court procedures, a specialised lawyer is the key partner ensuring protection of the rights and interests of interested parties.” Dr. Radu Pavel, Managing Partner of The Romanian Law Firm Pavel, Mărgărit and Associates.
The Romanian Law Firm Pavel Mărgărit and Associates provides complete legal assistance in the matter of foreclosure and debt recovery, offering both consultancy and legal representation, ensuring strict compliance with legal framework and significantly increasing the chances of a success. Do not hesitate to contact us by filling out the form on our website: https://avocatpavel.com/contact/.
Thus, the forced execution process enables creditors to recover their debts legally only on the basis of an enforceable title and with full compliance with procedural rules. Debtors may challenge any abuses via a contestation to enforcement. Recovery of owed amounts can begin amicably and continue through litigation or insolvency. Therefore, entrusting a debt recovery lawyer, civil law attorney, enforcement lawyer, or a Bucharest lawyer specialising in foreclosure matters is essential to protect rights and choose the optimal solutions.
Pavel, Margarit and Associates Law Firm is one of the top law firms in Romania, providing high-quality legal services. The firm’s clients include multinational and domestic companies of great magnitude. In 2025, the law firm’s success stories brought it international recognition from the most prestigious international guides and publications in the field. As a result, Pavel, Margarit and Associates Law Firm ranked 3rd in Romania in the Legal 500’s ranking of business law firms with the most relevant expertise. The law firm is internationally recognized by the IFLR 1000 Financial and Corporate 2025 guide. Additionally, Pavel, Margarit and Associates Law Firm is the only law firm in Romania recommended by the international director of Global Law Experts in London in the Dispute Resolution practice area. All relevant information about Pavel, Margarit and Associates Law Firm can be found on the website www.avocatpavel.com.
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