Enforcement against movable assets
Applicable procedure and legal provisions.
Enforcement against movable assets is the form of enforcement through which the creditor's monetary claims are satisfied by selling the debtor's attachable movable assets.
Enforcement authorisation — Art. 666, Romanian Code of Civil Procedure
The procedure starts with the creditor's application and enforceable instrument, followed by court authorisation. The legally required documents are served on the debtor.
Identification and attachment — Arts. 732–733, Romanian Code of Civil Procedure
If the debtor does not pay within one day of service of the demand, the officer may attach eligible movable assets, subject to special statutory cases. Assets, their legal position and third-party rights are identified, and measures are recorded.
Attachment restricts disposal pending sale. Assets exempt from enforcement receive statutory protection.
Valuation and sale — Art. 753 onwards, Romanian Code of Civil Procedure
Assets are valued under the procedure, with expert assistance where needed. Sale may be amicable, direct or by public auction, under the Romanian Code of Civil Procedure.
Release and distribution of proceeds — Art. 864 onwards, Romanian Code of Civil Procedure
Proceeds are released to the creditor or distributed among participating creditors in statutory priority order, taking enforcement costs into account.
