Appeal against the enforcement title in Romania
Business litigation lawyer in Romania. Forced execution in Romania
The New Code of Civil Procedure considers several grounds on which individuals harmed by the procedure of forced execution in Romania can file a contestation to obtain a solution for the annulment of the foreclosure in Romania. These include cases where clarifications are needed regarding the meaning, application, and scope of the enforcement title in Romania, especially when the enforcement title in Romania does not originate from a court decision in Romania.
Although they may seem similar, the contestation against the enforcement title has some particularities compared to the contestation against the forced execution in Romania itself. Thus, in the contestation against the enforcement title, factual and legal reasons related to the substance of the existing legal relationship cannot be invoked, such as the prescription of the right to obtain the forced execution in Romania or the nullity of the enforcement title in Romania.
A business litigation lawyer in Romania can assist in filing a contestation against foreclosure in Romania, particularly when there are disputes regarding contracts in Romania, court decisions in Romania, or an order for payment in Romania that may have been incorrectly applied in the enforcement process.
The Romanian Law Firm Pavel, Mărgărit and Associates recommends consulting a business litigation attorney in Romania or an enforcement attorney in Romania to assist you in drafting and filing a contestation against an enforcement title in Romania issued by the tax authorities (e.g., order for payment in Romania by ANAF) or by the municipality. Their expertise ensures that the contestation is well-founded and all procedures are followed correctly, maximizing the chances of success.
Don’t go through these challenges alone. Contact us today for expert support tailored to your needs.
Business litigation attorney in Romania. Contracts in Romania
The procedure for contesting an enforcement title in Romania can be used when the title is not sufficiently clear and thus hinders the forced execution in Romania. In other words, the contestation challenges the enforcement title in Romania, but not its validity, rather the aspects regarding its scope and application. Consulting a business litigation attorney in Romania or an enforcement attorney in Romania is an important step to ensure that the appropriate procedural path is followed for your specific situation and that the procedure for contesting an enforcement title in Romania is carried out in compliance with legal regulations.
Another aspect to consider before filing a contestation against an enforcement title in Romania issued by the municipality or an order for payment in Romania by ANAF is that this procedure can only be used if the clarification of the court decisions in Romania has not already been sought. This applies when the enforcement title in Romania is a judicial or arbitral decision. Furthermore, the contestation against the title focuses only on the measures taken by the court and reflected in the ruling’s dispositive part, not on resolving new claims.
The competent court to resolve the contestation against the title is the enforcement court, specifically the local court in whose jurisdiction the debtor has their domicile or registered office.
Regarding the deadline for filing a contestation against an enforcement title in Romania issued by the municipality to obtain the annulment of forced execution in Romania due to prescription, this can be submitted at any time within the period for initiating forced execution in Romania.
The Romanian Law Firm Pavel, Mărgărit and Associates recommends collaborating with an enforcement attorney in Romania or a lawyer specialized in the annulment of forced execution in Romania due to prescription, to draft, file, and support the contestation before the responsible enforcement court, ensuring that the debtor’s rights are protected.
Therefore, whether it is a contestation against the title, a general contestation against the forced execution in Romania, or a request for annulment of forced execution in Romania due to prescription, an enforcement attorney in Romania provides essential support in managing the procedures and legal deadlines.
A business litigation lawyer in Romania can provide valuable support in challenging foreclosure in Romania, especially when it involves issues related to the interpretation of contracts in Romania or court decisions in Romania that may impact the enforcement process.
The Romanian Law Firm Pavel, Mărgărit and Associates offers high-standard legal services in various practice areas, including drafting and filing contestations against enforcement titles in Romania issued by the municipality or ANAF. Our team demonstrates a comprehensive understanding of the regulations regarding the procedure for contesting an enforcement title in Romania, providing clear and effective legal solutions to all clients who have sought the services of an enforcement attorney in Romania.
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