Debt Recovery & Enforcement

The payment order is a special and rapid procedure for recovering certain, liquid, and exigible claims (Articles 1014-1025 Code of Civil Procedure). It applies when the debt is clearly proven by documents — invoices, contracts, written acknowledgments.

Advantages:

• 30-60 days vs 1+ year in regular proceedings
• Reduced stamp duty compared to regular procedure
• Simplified procedure — debtor summoned only once
• Rapid enforcement title

Limitations: does not apply to complex claims, procedurally contested, or requiring expert reports. For details and examples, read our complete guide on the payment order.

The strategy depends on the nature of the debt and the relationship with the debtor:

1. Formal written notice — first step, via bailiff or certified email
2. Direct negotiation / installment plan — if the debtor has temporary difficulties
3. Mediation — voluntary, faster
4. Payment order — for certain and liquid claims
5. Common action — for complex cases
6. Forced execution — after obtaining the enforcement title

For recovery in 30-90 days: payment order + execution immediately after final ruling.

Costs (stamp duty + lawyer fee) are recovered from the debtor along with the principal amount.

The creditor may initiate forced execution through a judicial bailiff. Stages:

1. Application for execution to the bailiff
2. Verification of title and debt
3. Investigation of debtor's patrimony — bank accounts, real estate, salary
4. Application of measures:
   • Garnishment on accounts
   • Garnishment on salary (max 1/3 of net income)
   • Seizure of movable goods
   • Seizure of real estate + auction sale

The debtor may contest the execution if there are grounds: prescription, payment of the debt, defects in the title, disproportionate execution.

Non-seizable assets (necessary dwelling, food, essential work tools) cannot be sold.

Yes, the contestation against execution is filed with the court of the territorial jurisdiction where the execution takes place, within 15 days from becoming aware of the executory act.

Frequent grounds for contestation:

• Prescription of the right to request execution (3 years from final judgment)
• Prior payment of the debt
• Set-off with a reciprocal claim
• Defects of the executory title
• Execution against non-seizable assets
• Disproportionate execution compared to the actual debt

The contestation suspends execution only if the court expressly admits the suspension request. Deadlines are short and formalism is high — a lawyer is essential.

Seizable assets:

• Bank accounts
• Salaries and income (max 1/3, max 1/2 for maintenance pensions)
• Real estate (non-priority dwellings, land)
• Vehicles
• Valuable movable goods
• Claims against third parties

Non-seizable assets:

• The unique dwelling, if used as primary residence (under certain conditions)
• Salary below the minimum wage threshold
• Maintenance pensions
• Personal use items (clothing, food, strictly necessary furniture)
• Tools essential to profession
• Items sacred to religious cults

Exact limits are provided in the Code of Civil Procedure (Articles 728-729) and Law 188/2000 on judicial bailiffs.

The main costs in a forced execution procedure are initially borne by the creditor, but recovered from the debtor along with the principal amount:

• Stamp duty — percentage of the claim value, with statutory caps
• Bailiff's fee — percentage or fixed, per regulated tariffs of the Bailiffs' Chamber
• Publicity costs — for public auctions of real estate or movable goods
• Lawyer's fee assisting the creditor — optional, but recommended for complex claims

For low-value claims, costs may exceed the recoverable amount — essential strategy: try negotiation or claim assignment before execution. For an evaluation tailored to your case, schedule an initial consultation.

Salary garnishment is forced execution applied to the debtor's work income. The employer withholds from salary and transfers to the creditor (or bailiff).

Statutory caps:

• 1/3 of monthly net salary for ordinary claims
• 1/2 of net salary for maintenance pensions
• The gross minimum wage remains untouched — below this threshold, garnishment is not possible

For multiple concurrent garnishments, the employer applies the cumulative cap and distributes proportionally. Termination for garnishment is prohibited.

Garnishment ends upon extinction of the claim or termination of the employment relationship (when the creditor must restart execution).

To lift an abusive or erroneous garnishment:

1. Full payment of the debt — the bailiff cancels the garnishment in 24-48 hours
2. Contestation against execution + suspension request — at the court
3. Installment agreement with the creditor + voluntary lifting
4. Insolvency procedure — automatically suspends all garnishments

Important: garnishment on non-seizable amounts (allowances, social benefits) is null — the bank must refuse execution, but if executed, the amounts are returned.

The complete procedure with a lawyer takes 30-90 days.

Yes. The notarial payment summons is the alternative to judicial procedures, governed by Law 188/2000.

How it works:

1. The creditor files the application with the notary along with the claim documents
2. The notary serves the summons on the debtor
3. The debtor has 10 days to pay or file a contestation
4. If no contestation is filed, the summons becomes an enforcement title

Advantages vs payment order: faster (10-30 days), lower fees, no court summons required.

Limitations: does not apply to substantially contested claims, below certain values, or requiring complex evidence. The notary refuses the application in these cases and the creditor returns to judicial procedures.

The prescription of the right to request forced execution is 3 years from final judgment (or from when the title becomes executory).

After this term expires, the creditor may no longer initiate execution — the debtor may raise the prescription objection in contestation.

Causes for interrupting prescription:

• Application for execution filed with the bailiff (provided acts continue)
• Acknowledgment of debt by the debtor (in writing)
• Signed installment agreement

Causes for suspending prescription:

• Force majeure
• Contestation against execution
• Insolvency procedure of the debtor

Important: prescription is calculated strictly — a year lost through negligence may make the claim unrecoverable.