What Is Enforcement?

Enforcement is a process starting when a debtor does not pay their obligations established by a court decision, or resulting from an enforceable title. There cannot be this procedure unless there is a court order or an enforceable title.

In the case of enforcement, the aggrieved party files an application for enforcement, together with an enforceable title at the bailiff office within the court in which the enforcement procedure is to take place.

The enforcement may be performed in several ways, depending on the case. At the end of the enforcement procedure, the amount of money obtained at the end of those proceedings will be handed over to the person who submitted the application for enforcement up to the full coverage of the rights, and the rest of the amount of money will be handed over to the debtor.

The enforcement may start at the moment of obligation demand or, more briefly, when the obligation has to be fulfilled.

The obligations may be enforced, as shown in Art. 623 of the Code of Civil Procedure, only by the bailiff, with certain exceptions regarding the revenues due to local budgets, respectively to state budgets, in which case the enforcement is triggered by the public authority. Thus, only this administrative body may set up seizures, real estate orders, auction movable or immovable property and may also apply for seizures.

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