Challenging enforcement

A challenge to enforcement (contestație la executare) is the procedural remedy specific to the enforcement stage through which the court reviews the lawfulness of enforcement acts, or of the enforcement itself, and of the decisions issued by the bailiff. It is the way to have unlawful enforcement measures set aside.

It can also be used to challenge the bailiff’s refusal to carry out enforcement or a specific enforcement act as required by law, and to ask the court to clarify the meaning, scope or application of the enforceable title.

In short, a challenge to enforcement is a “complaint” specific to enforcement proceedings, aimed at annulling enforcement acts or even the enforceability of the title.

A challenge to enforcement is open both to the parties to the enforcement and to third parties harmed by the unlawful seizure of their property. It can therefore serve as a complaint to release a third party’s property from enforcement.

Remember that a court judgment can be enforced only between the parties to the case, not against third parties who did not take part. Even if you are a third party to the enforcement, if it affects your property you can file a challenge to protect your interests.

Enforcement may be directed at the wrong property or amounts because the enforceable title was drafted or understood incorrectly. A challenge can also be filed when the meaning, scope and application of the title need to be clarified; in practice this is called a challenge to the title.

A challenge can also be directed at the bailiff directly, if the bailiff refuses to carry out the enforcement or a specific enforcement act as required by law. Note that a challenge cannot annul or change the judgment itself: the court only examines whether the enforcement acts comply with the law or, where appropriate, determines the scope, meaning or application of the operative part of the judgment being enforced.

The challenge is filed with the enforcement court, which is the district court for the area where the debtor had their domicile or registered office when the bailiff was instructed. Where real estate or income from real estate is being enforced against, the challenge may also be filed with the court where the property is located.

A statement of defence is mandatory in these proceedings. The parties are summoned at short notice and the challenge is heard urgently and with priority. The court immediately asks the bailiff for certified copies of the contested enforcement file and may ask the bailiff for written explanations.

All evidence admissible in any court action can be used, provided it was proposed in the claim or, as the case may be, in the statement of defence.

If the challenge is upheld, the bailiff must comply with the measures ordered by the court.

The law protects consumers and their legitimate interests, as long as they make use of the legal tools available against abuse. The Alina Szilaghi law office has experience in challenging enforcement, so that contracts and enforcement become reasonable and the contractual balance is restored.