Challenging civil enforcement: deadlines, grounds and stays of enforcement

What an enforcement challenge can address

An enforcement challenge allows review of the lawfulness of civil enforcement, the enforcement officer’s acts and, where provided by law, the title or refusal to perform an act. It may concern limitation of enforcement, amounts already paid, calculation of the debt, service of documents or failure to respect enforcement limits.

For a company, attachment of accounts can affect routine payments before a complete review is possible. For an individual, the nature of the income pursued and rights over assets also need checking. The first step is to establish when the measure was served or became known and the precise subject of the challenge.

When the 15-day period starts

Article 715 of the Civil Procedure Code generally provides 15 days to challenge enforcement. The starting point varies: knowledge of the challenged act, notification of attachment or receipt of documents allowing enforcement itself to be challenged.

For attachment of recurring income, the debtor’s period starts no later than the first deduction. Clarification of the title and third-party applications have separate rules. Requesting a file copy or discussing matters with the creditor does not automatically extend time. The calculation must be based on proof of service, without waiting for the next enforcement measure.

An enforcement challenge does not replace proceedings on the debt

Where enforcement is based on a court judgment or arbitral award, a challenge cannot reopen grounds that could have been raised on the merits or through an available appeal. Dissatisfaction with a final decision does not become a new annulment ground simply because enforcement begins.

For other enforceable titles, substantive defences depend on Article 713 and the availability of a procedure to set aside the title. Credit agreements, notarial instruments and payment orders may have specific features. Grounds and procedure should reflect the title’s nature, not a generic description of the debt.

When enforcement may be stayed

Filing a challenge does not itself stay enforcement. The applicant must request a stay and demonstrate sound grounds; generally, a security deposit calculated under the law is required. Article 719(4) provides special cases where a stay is mandatory without security.

In urgent cases, a provisional stay may be sought under Article 719(7) until the stay application is determined. A stay under the general rule lasts until the first-instance determination of the enforcement challenge, according to the High Court’s binding interpretation. It should not be assumed that every stay automatically continues throughout an appeal.

Rent enforcement and stays: three procedures to distinguish

Editorial addition: 30 October 2026. Today’s review covers this section and its identified sources.

A company receiving enforcement documents based on a lease should identify what it disputes: the debt itself, the amount, the enforceability of the document or the legality of an enforcement measure. Those issues are not all resolved through the same application.

• Proceedings concerning the contract address contractual rights and obligations. For titles covered by Article 638(1), points 2 and 4, a stay may also be requested in substantive proceedings seeking to set aside the title, with Article 719 applying accordingly.
• An enforcement challenge concerns enforcement that has begun. For a title other than a court judgment, substantive defences are subject to Article 713(2), including whether a procedural route exists to set aside the title. Not every contractual defence is necessarily admissible through this route.
• A stay of provisional enforcement under Article 450 concerns a first-instance court judgment and the appeal procedure; it is not a general route for staying all enforceable contracts.

Constitutional Court Decision No. 15 of 15 January 2026, published in Official Gazette No. 886 on 22 October 2026, explains this distinction when considering Article 1798 of the Civil Code and Article 450(1) of the Code of Civil Procedure. The constitutional challenge was dismissed as inadmissible; no new automatic stay was introduced.

An application for a stay requires a separate assessment of the grounds, competent court, security and statutory exceptions. Keep the lease, enforcement documents and evidence of service. Pending proceedings or negotiations are no reason to ignore documents received. The applicable rules in time and any special regime must be checked; eviction, for example, is distinct from enforcement of rent.

For the creditor’s perspective and useful documents, see our section on commercial rent recovery. For assistance, briefly identify the document received and its service date, without uploading confidential records before the initial discussion.

Limitation of enforcement requires separate assessment

The right to obtain enforcement is generally subject to a three-year limitation period; for titles concerning rights in rem, the law provides ten years. The starting date, acknowledgements, payments and enforcement acts may affect the calculation. Limitation does not operate automatically without being invoked by the interested party.

Mortgages require separate analysis of when the right arose and the applicable rules. Not every bank debt and security interest follows the same three-year period. Likewise, gaps without visible enforcement acts do not alone prove that proceedings have lapsed.

Documents to retain

Murar și Asociații provides assistance and representation in civil enforcement challenges and stay applications in Romania and internationally. Where the title, creditor or assets are connected with another country, cross-border recognition and enforcement rules must also be checked. Tax enforcement has its own regime, requiring separate analysis.

• The enforceable title, enforcement authorisation and enforcement officer’s documents.
• Envelopes, acknowledgements and messages proving service.
• Bank statements and evidence of payments or deductions.
• The debt calculation, contracts and records concerning the assets or income pursued.

Useful questions

Related legal services

• Challenges to enforcement