If you are subject to a forced execution procedure in Romania or if you are harmed by an execution initiated against another person in Romania, to protect your right sand legitimate interests, you must file an appeal to execution.
This is a lawsuit in which you challenge the legality of the execution itself, a decision made by the bailiff, or another execution act.
Pending the resolution to your appeal to execution, you may also request the suspension of the execution, for valid reasons, subject to the payment of a bail. Without filing an appeal, you cannot request a suspension.
The legal deadline for filing an appeal to execution in Romania is 15 days, generally starting from the communication of the execution act you are contesting or from the date you became aware of the execution by other means as prescribed by law.
If you do not file the appeal within this period and do not raise all relevant reasons, you will no longer be entitled to use them later, risking execution even if it is illegal.
If you were unable to meet this deadline, you could request reinstatement of the deadline, but you must prove your reasons for the delay. Reinstatement is granted exceptionally and only for reasons deemed valid by the court.
Where to file: at the execution court, usually the local court within the jurisdiction where the debtor's domicile/seat is located at the time of the execution proceedings start. There are exceptions to this rule. Filing with an incompetent court does not invalidate your request but delays the available remedies, as the case will be transferred to the competent court.
Stamp duty: the maximum possible fee is 1000 lei, regardless of the contested amount. There is an exception when the fee is value-based, particularly when factual or legal reasons concerning the substance of the right in the enforcement title, other than a judicial decision, are invoked.
What can be obtained if your appeal to execution is admitted: it depends on the object of your appeal — cancellation or cessation of the execution itself, annulment of the contested execution act, or even annulment of the enforcement title.
In all cases where the enforcement title or the forced execution itself is nullified, you can also request the reversal of the execution—you will be returned the executed assets unless a legal prohibition applies, as well as the executed amounts or the value of the sold movable goods, adjusted for inflation, and you will not bear any execution procedure costs. Depending on the case, restoring the pre-execution situation may involve additional remedies at your disposal.
At Legal Pro Advisory, we provide comprehensive legal support to defend you against illegal execution, addressing each case's specifics with full diligence and professionalism, ensuring well-documented defence and effective court representation.
