The appeal against enforcement represents the right of any person against whom the forced execution procedure is headed to appeal in part or in whole the execution acts made against him/her. Such a forced execution act may be performed either by state institutions automatically assuming the role of a creditor in the relationship with the forcedly executed person, respectively the National Agency of Fiscal Administration or the General Directorate of Local Taxes where the tax payer has his/her domicile or where he/she holds taxable properties, or by third parties, respectively natural persons or legal entities, who may perform the forced execution exclusively by a judicial enforcer.

As regards the latter, one of the most frequently met situations at this moment is represented by the forced executions initiated by the banks or other non-banking financial institutions against the natural persons beneficiating from credits, irrespective of their nature (consumer credits, real estate finances without mortgages, mortgage credits, etc.). These entities may initiate the forced execution procedures against the debtors either directly, by means of a judicial enforcer, or by assigning the debt to companies specialized in recovering the debts deriving from bank credits, thus producing a creditornovation. In both situations, the credit contract signed by the creditor with the bank will have, under the law, the quality of an executory title, and thus it may be directly executed without the necessity to undertake any prior legal procedures (legal actions).

In such a situation, in which the creditor’s actions seem to have a discretionary character in relation with the legal report with his/her debtor, it is highly recommended to appeal to legal advice and representation which may be granted only by a lawyer specialized in the field of forced executions. In very many cases the bank or its assignee may commit abuses, both as regards the interpretationin their favor of the contractual clauses, the calculation of the interests and penalties provided in the credit contract, and as regards the actual right of executing him/her. Given the increased degree of complexity of the credit contracts which the banks or other non-banking financial institutions conclude with their clients, as well as of the multitude of clauses presenting a high degree of interpretability, a lawyer’s assistance in representing the debtor in the situation of a forced execution initiated under such document appears to be absolutely necessary.

The forced execution procedure consists, in most situations, in identifying the movables or immovable held by the debtor, as well as the liquidities held in bank accounts or incomes of any nature, deriving from independent activities, salary, pension, etc. After this identification, theimmovables’ land book (lands, with buildings or not, apartments in the real estates, etc.) will be blocked in order to disable the debtor to alienate his/her goods, the movables (cars, equipment, any other goods susceptible to be capitalized and which are registered on the debtor’s name) will be seized in order for them to be capitalized by public auction, while the bank accounts holding the debtor’s liquidities will be garnisheed in order to debit to the creditor the amounts of money constituting the object of the forced execution. Also, the incomes deriving from independent activities, salaries or pensions may be executed at the source, respectively by notifying the seized third party (the collaborator, employer or the house pf pension) with regard to his/her obligation to redirect part of the amounts owed by the debtor to the creditor, within the limits of the total amount owed to it.

According to the law, any person against whom such forced execution acts were initiated has the right to appeal the execution within maximum 15 days (depending on the nature of the execution act, this term may be shorter) as from the date when he/she is informed about these acts. That is why, in such a situation it is very important that the person against whom the execution is headed not to remain passive and to appeal as quickly as possible to a lawyer specialized in this direction, in order to draft and register in time the appeal against execution. After the expiration of the legal term regarding this appeal, the debtor will no longer have the right to introduce it, his/her action being rejected for its late introduction.

Among the most frequent causes why any person may be forcedly executed there are the contributions unpaid to the fiscal administration, deriving from incomes obtained from independent activities, as an authorized natural person or professional, the contributions (applied to the held movables and immovables) and the fines unpaid to the budgets of the local public authorities, as well as the debts unpaid to third parties (loan agreements concluded with other natural persons, indemnifications owed under court decisions, bank credits, etc.).

As regards these situations, and not only, the lawyers of our company may offer you legal advice, representation and assistance in order to perform the administrative and/or legal procedures against the forced execution acts made by the creditors, as well as, for example, but without limiting to:

  • Drawing up letters to the state institutions, creditors in the forced execution procedure, in order to clarify the nature and/or extension of the debt alleged by them;
  • Drawing up the appeal against execution formulated against the forced execution acts against the client and its registration on the docket of the competent court;
  • Legal representation and assistance in front of the court within the files whose object is the appeal against execution, both on the merits of the case and in the appeal phase (if needed);
  • Legal representation and assistance in relation with the fiscal execution body or the judicial enforcer, within the forced execution procedure.