How the enforcement officer's jurisdiction is determined
Jurisdiction depends on the procedure, the debtor's domicile or registered office, the location of assets or the place of performance. The creditor's address and the court that issued the judgment do not, by themselves, determine the enforcement officer's jurisdiction.
Immovable property and eviction — Art. 652(1)(a), Romanian Code of Civil Procedure
For enforcement against immovable property, standing crops and direct enforcement concerning immovables, jurisdiction follows the property's location. Property in Bihor or Satu Mare may therefore establish jurisdiction for an officer in the Oradea Court of Appeal's district, subject to special rules.
Movable property and delivery — Art. 652(1)(b), Romanian Code of Civil Procedure
Jurisdiction follows the debtor's domicile or registered office, or the location of the movable assets. A special rule applies when the debtor is domiciled or established abroad.
Garnishment — Art. 782, Romanian Code of Civil Procedure
Garnishment is established by an officer whose office is in the court of appeal district where the debtor is domiciled or has its registered office. The location of the bank or employer does not replace this criterion.
Obligations to act or refrain from acting — Art. 652(1)(c), Romanian Code of Civil Procedure
The competent officer is from the court of appeal district where enforcement of the obligation is to take place.
Recording a factual situation — Art. 364, Romanian Code of Civil Procedure
Urgent recording is requested from an officer in the district where it is to take place. Where other persons' cooperation is required, the rules on their consent or court authorisation also apply.
Formal tender of payment — Art. 1007, Romanian Code of Civil Procedure
The creditor is invited to accept performance through an officer in the court of appeal district of the creditor's domicile, registered office or elected domicile, subject to statutory conditions.
Situations requiring further assessment
If attachable assets are located in several court of appeal districts, Art. 652(2) permits enforcement against assets in the other districts, subject to its conditions. The specific procedure and any special provisions must be assessed.
A change in the debtor's domicile or registered office after enforcement begins does not, by itself, end the officer's jurisdiction, under Art. 652(3).
The officer and the enforcement court
The enforcement court has separate jurisdiction rules. Under Art. 651, it is generally the district court of the debtor's domicile or registered office when the enforcement body is seized, subject to statutory exceptions. It may differ from the court that issued the enforceable instrument.
Information needed for assessment
- The enforceable instrument or document concerned.
- The debtor's domicile or registered office and identification details.
- The addresses and nature of known assets: movable or immovable.
- The place of performance or recording of facts.
- For formal tender, the creditor's domicile or registered office and any elected domicile.
Send this information to the office for assessment of your request and the applicable procedure.
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