After the date of registering such a claim, through a presidential ordinance it may be requested the provisory suspension of payment of the monthly installments, until the date of settlement of the case.
According to the provisions of the Code of Civil Procedure, art. 996 it is provided that: “The court, determining that in favor of the plaintiff there is legal affiliation, may order provisional measures in urgent cases, to preserve a right which could be damage by a delay, or to prevent an imminent danger that could not be fixed, as well as to remove any obstacles that may arise during an enforcement.
The ordinance is enforceable and provisional. If the decision contains no mention of its duration and were not actually changed the circumstances taken into consideration, the measures ordered will take effect until the settlement of the dispute on the merits. “
As a consequence, the emergency of the required measure may be founded on the fact that the borrower can no longer, justified, pay the installments at an increased exchange rate at that in such a circumstance he would end up in the situation of enforcement.
This action may be brought in any court cases in which the borrowers face an increased foreign exchange of their credit obtained, whether it is in Swiss francs, euro or dollars.
The judicial stamp to be paid for bringing an injunction is in the amount of 20 lei.
This must be accompanied by supporting documents proving the impossibility of paying the rates and the existence of proceedings before the courts which have as their object the denomination of the loan.
If it is rejected, it can be appealed within 5 days after the pronouncement, if it was given with summoning of the parties, or 5 days after communication, if it was given without summoning of the parties. The court of appeal may suspend the execution until the judgment of the appeal, but only if there is paid a bail, whose amount will be determined by it.