Garnishment pursuant to Article 780 of the Code of Civil Procedure
Subject matter of garnishment – Article 780 of the Code of Civil Procedure
The following may be subject to enforcement by garnishment: sums of money, securities or other enforceable intangible movable property owed to the debtor, held on the debtor’s behalf by a third party, or which that third party will owe the debtor in the future under existing legal relationships.
Establishment of garnishment – Article 782 of the Code of Civil Procedure
Garnishment is established without prior notice, on the basis of the order authorizing enforcement, by means of a notice specifying the enforceable title under which the garnishment was established. The notice is served on the third party referred to in Article 780(1), together with the order authorizing enforcement or a certificate setting out the decision issued in the case.
!!! IMPORTANT !!!
Validation of garnishment – Article 782 of the Code of Civil Procedure
If the third-party garnishee fails to fulfil its obligations in relation to the garnishment, including where, instead of depositing the attachable amount, it releases that amount to the garnished debtor, the pursuing creditor, the debtor or the judicial enforcement officer may, within no more than one month from the date on which the third-party garnishee was required to deposit or pay the attachable amount, apply to the enforcement court for validation of the garnishment.
A third-party garnishee who, in bad faith, refuses to fulfil its obligations in relation to the garnishment may be fined between RON 2,000 and RON 10,000 by the same validation order.
Effects of the validation of garnishment – Article 782 of the Code of Civil Procedure
A final garnishment validation order has the effect of an assignment of claim and constitutes an enforceable title against the third-party garnishee up to the amount for which validation was granted.