In order to recover a debt, the creditor who has an enforceable title (such as authenticated loan agreement, promissory note, check) must prove the existence of that debt and obtain from a court the admission of forced execution. A lawyer specialized in the forced execution and receivables recovery procedure can easily perform the procedure so that the creditor may recover its debt in the best possible time, say lawyers specialized in forced execution and receivables recovery from Pavel, Margarit & Associates Romanian Law Firm.
The creditor must know that forced execution can be done on the basis of an enforceable title and only if a claim is certain, liquid and due. Here are the six steps that should typically characterize this procedure.
Submission of the application – the first step to be taken is to file the application for forced execution at the office of the competent bailiff and to open the enforcement file. Within 3 days, the bailiff will request to the court a decision regarding the enforcement. The file submitted to the court by the executor shall contain a copy of the creditor’s request, the enforceable title and the proof of payment of the judicial stamp duty. Make sure that the application meets all the conditions required by the law. These are some reasons why the applications are rejected: the application had to be submitted to another enforcement authority than the one notified; the document submitted does not constitute an enforceable title; the claim is not certain, liquid and due; the debtor enjoys immunity from enforcement etc. If the court rejects the application, the sentence may be challenged by the creditor by appeal within 15 days of the communication.
Choose the competent court – The application must be settled by the competent court. If the claim is settled by an incompetent court, the debtor will be able to challenge the execution of the declaration of enforceability. Following the appeal, both the nullification and all enforcement acts become null and void. The executor will have to request a new enforcement order from the competent enforcement authority.
Solving the request – the procedure for resolving the application for a declaration of enforced execution is a non-contentious one and is settled within 7 days from the registration in the court, without quoting the parties
Termination of enforced execution – The conclusion shall be communicated ex officio, immediately to the bailiff, as well as to the creditor. This will include, among other things, an indication of the enforceable title on the basis of which enforcement is to be made, the amount, when determined, for which the execution has been approved, and the concrete form of forced execution. The termination allows the creditor to ask the bailiff to use, simultaneously or successively, all manner of execution prescribed by law in order to realize his rights. Confirmation of forced execution takes effect throughout the whole country. Conclusion is not subject to any appeal, but can be attacked by the debtor.
Release of Enforceable Title – Upon the grant of the application, the executor shall communicate to the debtor a copy of the court ruling, together with a copy of the title of execution and, unless the law provides otherwise, a notice. If the enforceable title is not communicated to the debtor, the execution may be canceled.
Obtaining the forced execution is therefore a rather complex procedure, marked by clear deadlines set by law. Just to comply with this strict timetable, it is advisable to hire a lawyer specialized in forced execution and receivables recovery who can advise and represent the client with all necessary steps, so that the procedure can be done as soon as possible, advise lawyers specialized in forced execution and receivables recovery from Pavel, Margarit & Associates Romanian Law Firm.
Pavel, Margarit & Associates Romanian Law Firm assisted and represented clients in obtaining the court agreement for a forced execution in building execution files. The law firm also represented leasing companies in the recovery of claims through forced execution throughout the country. “Some of the most difficult cases are vehicle-related forced execution, as there are many cases when borrowers hide them in the underground parking areas, in order not to be identified by the bailiff”, said Radu Pavel, the managing partner of Pavel, Margarit & Associates Romanian Law Firm.
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Pavel, Margarit & Associates Romanian Law Firm is one of the top law firms in Romania, which offers legal services at the highest quality, beyond clients expectations. The Law Firm approaches the cases with maximum professionalism and dedication. Its ultimate goal is obtaining exceptional results and achieving the clients objectives, in a time efficient manner. Among Pavel, Margarit & Associates clients are top multinationals and local companies. In 2019, the success stories of the Romanian Law Firm have brought recognition of the most prestigious international guides and publications. Thus, Pavel, Margarit & Associates Romanian Law Firm ranked second place in Romania in the rankings of business law firms with the most relevant expertise this year, realised by the Legal 500 publication, the most prestigious guide for law firms in the world, based in London, UK. The law firm is also recognized internationally by IFLR 1000 Financial and Corporate Guide 2019. Pavel, Margarit & Associates Romanian Law Firm is also the only law firm in Romania recommended by the Global Law Experts Director in London in the Dispute Resolution area of Practice. All the relevant information regarding Pavel, Margarit & Associates Romanian Law Firm including areas of practice and the most important deals can be found on the website www.avocatpavel.com, which is one of the most complex law firm websites in Romania.