Enforceable titles and decisions
The ENFORCEABLE TITLE is a document, issued by a State authority, authorizing the creditor to initiate judgment enforcement proceedings with a Bailiff against the debtor. Depending on whether they are issued by the court or not, enforceable titles may be judicial or extra-judicial.
The judicial enforceable title is the Writ of Execution. It is issued by the courts..
The extra-judicial enforceable titles are:
- a Decree of the Bailiff to award a property after a foreclosure sale in the course of the judgment enforcement proceedings. The new owner can ask to be entered into possession of the foreclosed property.
- a Decree of the Bailiff for determining the equivalence (monetary value) of a movable property that cannot be repossessed from the debtor. In such cases, the obligation of handing over of a movable property (non-monetary obligation) is transformed into monetary obligation.
- a Statement of enforcement issued by the Registry of Special Pledges (Private Bailiff only).
What I need to start judgment enforcement proceedings with a Bailiff?
In order for a Bailiff to start judgment enforcement proceedings, the creditor must file an application. The Application should contain the following:
- Information about the creditor and debtor – name, identification number, address;
- Description of the ENFORCEABLE TITLE attached to the application;
- Description of all enforcement costs the creditor wants to be collected, e.g.: attorney remuneration, Bailiff’s fees, fees for providing information by different registers, etc.
Along with the application, the creditor deposits with the bailiff the original of the ENFORCEABLE TITLE, as well as power of attorney, if the creditor is represented by one, and a bank statement for the initial bailiff fees paid in order for the enforcement proceedings to be initiated.