Challenge against enforcement
A challenge against enforcement is the procedural means by which the lawfulness of the enforcement, of the enforcement documents or, in the cases provided for by law, of the enforceable title may be challenged. It may be filed both in general-law enforcement, carried out through a court bailiff, and in tax enforcement carried out by the competent tax authorities, including ANAF or the local taxes and duties directorates (DITL), in accordance with the applicable legal provisions.
Depending on the particular features of each case, a challenge against enforcement may seek the annulment of the enforcement, the annulment of certain enforcement documents, the invocation of the limitation of the right to obtain enforcement, the challenging of the way in which the enforcement is being conducted or the invocation of other grounds of unlawfulness provided for by law. Every challenge against enforcement must be founded in relation to the facts, the documents provided and the applicable legal provisions.
Before filing a challenge against enforcement, it is necessary to analyse the enforceable title, the enforcement documents, the lawfulness of the enforcement and the applicable procedural time limits. The legal strategy differs according to the nature of the enforcement, the grounds of unlawfulness that may be invoked and the objectives pursued in each case.
The challenge against enforcement is subject to strict procedural time limits, and failure to observe them may lead to the loss of the possibility of challenging the enforcement or the enforcement documents. For this reason, the analysis of the documents and the identification of the grounds of challenge must be carried out immediately after the enforcement documents are served.
Observing the provisions of the Code of Civil Procedure, the Code of Fiscal Procedure and the other applicable legislation contributes to the exercise of the rights of the persons subject to enforcement. For this reason, legal assistance and representation in the procedure of a challenge against enforcement make it possible to take steps adapted to the particular features of each case and to protect the rights conferred by law.
Frequently asked questions
What is a challenge against enforcement?
A challenge against enforcement is the procedural means by which the lawfulness of the enforcement, of the enforcement documents or, in the cases provided for by law, of the enforceable title may be challenged. It may be filed both in general-law enforcement and in tax enforcement, in compliance with the legal provisions.
Can the enforcement be annulled?
Depending on the particular features of each case and the grounds invoked, the court may order the annulment of the enforcement or of certain enforcement documents, where breaches of the legal provisions are found. Each situation must be analysed in relation to the enforcement documents and the existing documents.
Can I challenge the garnishment of my bank accounts or salary?
Yes. Garnishment ordered in the course of enforcement may be challenged under the conditions provided for by law, where there are grounds of unlawfulness concerning the enforcement or the enforcement documents. The analysis must be carried out according to the specific situation and the documents provided.
Can a time-barred enforcement be challenged?
Depending on the circumstances of each case, the limitation of the right to obtain enforcement may be invoked in a challenge against enforcement, where the conditions provided for by law are met. Whether the limitation applies must be analysed in relation to the documents in the enforcement file and the applicable legal provisions.
Can I challenge enforcement initiated by a debt collector?
Yes. Enforcement initiated at the request of a debt collector may be challenged under the same conditions provided for by law as for any other creditor. Depending on the particular features of each case, the lawfulness of the assignment of the claim, the existence of the right to seek enforcement, the limitation or other grounds of unlawfulness may be analysed.
Can I challenge enforcement initiated by ANAF or DITL?
Yes. Enforcement documents issued by the tax authorities, including ANAF or the local taxes and duties directorates (DITL), may be challenged under the conditions provided for by the Code of Fiscal Procedure and the other applicable legal provisions.
Can I challenge enforcement initiated by a bank?
Yes. Enforcement initiated at the request of a bank may be challenged, in accordance with the legal provisions. Depending on the particular features of each case, the lawfulness of the enforcement, the existence of the enforceable title, the limitation of the right to obtain enforcement and other grounds of unlawfulness may be analysed.
Request a legal consultation
Benefit from a clear legal analysis and solutions tailored to your situation.