Practice area
Debt enforcement lawyer in Galați
We work on both sides of a debt enforcement: for debtors challenging an unlawful or time-barred enforcement and for creditors who want to actually recover their money. The objection period is usually 15 days, making this one of the situations where delay costs the most.
How we can help
- Objections to enforcement against the acts of the bailiff
- Invoking the statute of limitations on the right to request debt enforcement
- Suspension of enforcement until the objection is resolved
- Challenging garnishments on accounts and on income
- Protecting assets exempt from pursuit
- Enforcing enforceable titles, for creditors
- Recovery of commercial claims, including through the payment order
- Restitution following enforcement, when the title has been set aside
How a case unfolds
Analysing the enforcement file
We request the file from the bailiff and check the enforceable title, the service of documents, limitation and the proportionality of the measures. Many enforcements have flaws that are not visible from the enforcement notice.
The objection and the suspension
We file the objection with the competent first instance court within the legal deadline, usually 15 days from service of the document. When enforcement produces irreversible effects, we separately request suspension, with payment of the security provided by law.
The practical solution
Not every enforcement can be stopped. Where the situation is clear, we negotiate a payment plan or a reduction of enforcement costs with the creditor, which often comes closer to the client's real interest than a lawsuit.
Who handles it
Gabriela Dimofte
Attorney at law, insolvency practitioner, mediator
Gabriela Dimofte is an attorney at law with Baroul Galați and founded the group's first practice in 2004. She has been an insolvency practitioner and UNPIR member since 2014, an authorised mediator since 2010 and an arbitrator with the arbitration body attached to ORDA. Her main areas are insolvency, enforcement proceedings, civil law and commercial disputes.
Attorney at law, Baroul Galați
since 2004Admitted to the roll of attorneys. Sole practice established in 2004, the first in the group of associated practices.
Verify with Baroul GalațiInsolvency practitioner
since 2014Member of the National Union of Insolvency Practitioners of Romania (UNPIR). Founding member of S.A.G.A SPRL.
Verify with UNPIR, Uniunea Națională a Practicienilor în Insolvență din RomâniaAuthorised mediator
since 2010Authorized by the Mediation Council for the amicable settlement of civil, commercial and family conflicts.
Verify with Consiliul de MediereArbitrator
Member of the Arbitration Body operating alongside the Romanian Copyright Office (ORDA).
Verify with ORDA, Oficiul Român pentru Drepturile de Autor
Frequently asked questions
Within what time can I object to enforcement?
The general period is 15 days from the date you became aware of the contested enforcement document, with some special situations carrying different periods. It is short and subject to forfeiture, so the first thing to do upon receiving the enforcement notice is to check the date of service.
My entire salary has been garnished. Is that legal?
No. The Civil Procedure Code caps the share of employment income that can be garnished, and the limits differ according to the nature of the claim. If the garnishment exceeds these limits, its reduction can be requested through an objection to enforcement.
What does it mean that the enforcement has become time-barred?
The right to request debt enforcement is extinguished, as a rule, within 3 years from the date the title became enforceable, with different periods in certain fields. If the limitation period has run, enforcement started afterwards can be annulled through an objection.
Does the objection stop the enforcement?
Not automatically. Suspension must be requested separately, and the court may authorise it, usually against payment of security calculated at the value of the claim. Without a suspension request, enforcement continues in parallel with the examination of the objection.
I am a creditor. How do I recover a claim faster?
It depends whether you already have an enforceable title. If not, for certain, liquid and due claims there is the payment order procedure, faster than an ordinary lawsuit. If you have a title, we move directly to enforcement and follow the identification of assets available for pursuit.
Domenii înrudite
Insolvency
Opening the procedure, registration with the creditors table, challenges and judicial reorganisation.
DetailsCivil law
Property, successions, civil contracts, obligations and tort liability.
DetailsContract law
Drafting and negotiating contracts, warranty clauses, rescission and contractual disputes.
Details
Do you have a enforcement proceedings question?
Call us or write a few lines about what is going on. We will tell you who will handle it, which documents to prepare and what it costs, before any work begins.
The office is on Str. Domnească nr. 84, Galați. Open Monday to Friday, 09:00 - 17:00. See the map and directions.
