Compulsory enforcement refers to the process by which a creditor enforces his claim against a debtor by the means of the state. Also, it is a procedure by which the court executors recover the fiscal and non-fiscal debts that a citizen has not paid or refuses to pay.
Whether you are in the situation of obtaining a court order that the court executor is delayed in enforcing (the creditor), or you are in the situation of the enforced (debtor), the help of a debt collection lawyer is important. Compulsory enforcement shall be carried out in accordance with the principles of fairness and reasonableness, balancing the interests of creditors, debtors, and other interested parties, in an appropriate manner, and to the degree no more than necessary to achieve the enforcement purpose.
Usually, this procedure begins only at the request of the creditor, which is transmitted to the bailiff. Subsequently, the bailiff sends a request for approval to the court, which will give his consent for the start of the forced execution procedure.
Once the forced execution begins, it must be approved by the executing court at the request of the bailiff, the court resolving the request in a procedure in the council chamber and without summoning the parties. The way in which the debtor can cancel the enforced execution is by filing an appeal on execution. It must be formulated within a certain period calculated from the date on which the debtor receives the documents from the judicial executor, the judgment of the case being made urgently and especially.
What is compulsory enforcement in theory?
Creditors and collection agencies first try to recover a receivable with out-of-court methods. If these efforts remain unsuccessful, they attempt to secure the receivable by way of a legal dunning procedure. The collection agency thus requests a default notice and enforcement order on behalf of the creditor. This is partly because an enforcement title is a legal requirement for compulsory enforcement. This is a legal demand for payment. The title clarifies in binding form, whether and to what extent the debtor owes the creditor.
Parties included in the compulsory enforcement
– the creditor – the natural or legal person to whom the debtor owes money or different benefits
– the debtor – can be the natural or legal person, the one who owes money or other non-fiscal assets.
When the compulsory enforcement ends
There are several situations in which the forced execution process can be completed. The most common are:
– in the case of the debtor’s death;
– if the creditor voluntarily renounces the execution;
– when liquidated legal assets are not sufficient to recover the debt;
– if the debt was recovered or if a transaction was concluded between the debtor and the creditor;
Debt Collection lawyer
Thus, if you face certain delicate situations such as non-repayment of certain amounts of money, loans or other debts of any kind, our debt collection lawyers from Hammond and Partners will take all legal steps to recover the outstanding debts. The recovery activity will be carried out either amicably, or through conciliation, mediation or different procedures.
Our lawyers from Hammond and Partners are always ready to give you advice and to find the best solutions for the problems regarding forced execution, either through representation before the Romanian courts, or by providing assistance starting with the verification of the legal situation. While doing business there is always a chance that it will be necessary to collect a debt through Court action. This is why Hammond Partnership offers its experience and knowledge in order to make this process as smooth as possible. We advise local and international companies relating to the recovery of debts în Romania.
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