Bailiff Services in Oradea

Don't ignore it: check which enforceable title it is based on and call the bailiff's office the same week. The notice tells you who the creditor is, how much is being claimed and what deadline you have. If you accept the debt, the cheapest option is to pay within the deadline in the notice, because costs grow as the case moves forward. If you don't accept it or think it is wrong, you have 15 days to file an objection to enforcement. You are always entitled to look at the case file at the office.

For ordinary debts, at most one third of your net monthly income, and for child maintenance or child allowance, at most half. If there are several garnishments on the same income, the total cannot exceed half of the net income. When the net income is below the national minimum net wage, only the part above half of the minimum net wage can be withheld. These rules are set out in Article 729 of the Romanian Code of Civil Procedure and apply to both wages and pensions.

In the end the debtor pays the enforcement costs, but the creditor pays them upfront when the case is opened (Article 669 of the Code of Civil Procedure). The bailiff's fee is set within the minimum and maximum limits of Order of the Minister of Justice no. 2550/C/2006; for recovering money it is usually a percentage of the amount to be recovered. On top of the fee come the actual expenses: the court fee for approving enforcement, service of documents, valuation, advertising and, where needed, an expert or custodian. All of these are listed in the decision setting the enforcement costs, which can be challenged.

There is no fixed duration: a bank account garnishment can bring the money in within a few days, while selling a property usually takes several months. It all depends on the debtor's income and assets and on any objections. Enforcement ends when the debt and costs are paid in full. If the creditor leaves the case untouched for six months through their own fault, the enforcement lapses.

File an objection to enforcement with the district court where you live or where your company is registered, which acts as the enforcement court, within 15 days of receiving the enforcement notice or of finding out about the act you are challenging. The objection alone does not stop enforcement; if you want it stopped until the court decides, you also have to ask for a stay, usually by paying a security deposit. You can challenge, for example, the enforcement costs, how the amount was calculated or the fact that the debt has already been paid. The legal basis is Article 712 and following of the Code of Civil Procedure.

You need the enforcement application and the enforceable title, in original or certified copy. An enforceable title can be a court decision, a loan agreement, a promissory note or a cheque refused for payment, a lease registered with ANAF (the Romanian tax authority) or any other document the law gives this force. It also helps to have the debtor's details (personal ID number or company tax code, address) and any information about their income or assets. If someone represents you, add the lawyer's authorisation or the power of attorney. We can fill in the application together at the office.