Executive summary (read this first)
- You can obtain a suspension of enforcement until the court rules on your challenge to enforcement (contestație la executare) if you show good reasons; in several narrow cases the suspension is mandatory without any security deposit. (Coduri Juridice)
- The competent forum is the enforcement court (instanța de executare), normally the district court where the debtor’s domicile/seat was located at the moment the bailiff was seized (with special fallbacks). File the suspension together with the challenge or separately. (Coduri Juridice)
- The security deposit (cauțiune) is calculated progressively against the value of the matter in dispute (10% up to 10,000 lei; 1,000 + 5% over 10,000; 5,500 + 1% over 100,000; 14,500 + 0.1% over 1,000,000). If the claim isn’t quantifiable in money, the default is 1,000 lei. (Coduri Juridice)
- In urgent cases, you can ask for a provisional suspension without summoning the parties, provided the security deposit has been set/paid; the order is not appealable. (Coduri Juridice)
- The suspension expires when the first-instance court rules on the challenge (not after appeal). This is settled law under the ICCJ Recurs în interesul legii no. 2/2021. (Înalta Curte de Casație și Justiție)
1) Why (and when) a suspension is worth asking for
Enforcement often moves faster than the merits of a challenge. Account garnishments, auctioning a family home, selling assets, or distribution of the price can irreversibly harm the debtor before a court rules. Article 719 CPC empowers courts to temporarily freeze enforcement pending the outcome of the challenge or another application related to enforcement, when good reasons justify the measure. Think of it as a status quo device to prevent irreversible harm while the legality of enforcement is tested. (Coduri Juridice)
2) The legal framework at a glance
2.1. What the court can order (Art. 719 CPC)
- Suspension of enforcement until the challenge is decided in first instance.
- Alternatively, when assets are perishable/depreciating, sale may proceed but distribution of proceeds can be held until the challenge is decided. (Coduri Juridice)
2.2. Who decides (Art. 651 CPC; Art. 714 CPC)
The enforcement court rules on both the challenge and the suspension request. As a rule, this is the district court in whose jurisdiction the debtor’s domicile/seat was located when the bailiff was seized; Art. 714 confirms that the challenge is filed with the enforcement court (with specific exceptions). (Coduri Juridice)
2.3. When to file; the order and appeal window
You may request suspension together with the challenge or separately during enforcement. The court rules by interlocutory order; the order is appealable separately (appeal—or, if issued by a court of appeal, recourse) within 5 days of pronouncement/service. (Coduri Juridice)
3) Evidentiary standard: “good reasons” that persuade
Courts look for three converging showings:
- Appearance of right: the challenge has real prospects (e.g., lack of an enforceable title; missing court leave where required by law; prescription; abusive terms; exceeding the title’s limits).
- Risk of serious/irreparable harm: e.g., auction of the only dwelling, business shutdown from total garnishment.
- Proportionality: the security deposit mitigates creditor’s risk; the measure preserves the status quo rather than prejudging the merits.
The court does not try the challenge at this stage; it checks whether the grounds for suspension are sufficiently weighty without pre-judging the merits. Provide a documented record (bank statements, land book excerpts, auction notices) and a table mapping “Ground → Evidence → Legal hook → Requested remedy”. (Portal Legislativ)
4) The security deposit (cauțiune): exact formulae and worked examples
Unless you qualify for a mandatory suspension (see §5), the court will require a security deposit against the value of the matter in dispute, per Art. 719(2) CPC:
- 10% if the value is ≤ 10,000 lei;
- 1,000 lei + 5% of the amount exceeding 10,000 lei;
- 5,500 lei + 1% of the amount exceeding 100,000 lei;
- 14,500 lei + 0.1% of the amount exceeding 1,000,000 lei.
If the matter is not quantifiable in money, the deposit is 1,000 lei (absent other legal rules). (Coduri Juridice)
Example A — Value 8,000 lei
Deposit = 10% × 8,000 = 800 lei. (Coduri Juridice)
Example B — Value 50,000 lei
Tier 1: 1,000 (for the first 10,000)
Tier 2: 5% × (50,000 − 10,000) = 2,000
Total = 3,000 lei. (Coduri Juridice)
Example C — Value 200,000 lei
Tier up to 100,000: 5,500
Plus 1% × (200,000 − 100,000) = 1,000
Total = 6,500 lei. (Coduri Juridice)
Example D — Value 2,500,000 lei
Tier up to 1,000,000: 14,500
Plus 0.1% × (2,500,000 − 1,000,000) = 1,500
Total = 16,000 lei. (Coduri Juridice)
Practicalities (Arts. 1062 & 1064 CPC). In urgent cases, the court may set the deposit without summoning the parties; if you fail to pay within the time set, the measures ordered fall automatically. Deposit refund is requested after the case becomes final or after the effects of the secured measure cease. Attach proof of payment to the file. (Coduri Juridice)
5) When suspension is mandatory without a deposit
Article 719(4) CPC lists three exceptions where the court must suspend and no security is required:
- The title is not enforceable by law (e.g., the document has no enforceable force under the applicable regime).
- The document being enforced has been declared false by a first-instance judgment.
- The debtor proves by authentic deed that the creditor granted an extension or grace period for payment.
These mandatory suspensions are time-limited just like optional suspensions: they last until the first-instance decision on the challenge (see §6). Do not rely on re-filing the same mandatory-suspension request at the appellate stage. (Coduri Juridice)
6) Duration of suspension: settled by the High Court (RIL 2/2021)
What does “until the challenge is decided” actually mean? The ICCJ settled this: a suspension under Art. 719 lasts until the first-instance court rules on the challenge—not until the appellate decision. This has been established by Decision no. 2/8 Feb 2021 (Recurs în interesul legii) and is binding. If you need protection during appeal, you must seek interim relief within the appeal. (Înalta Curte de Casație și Justiție)
7) Provisional suspension without summoning (the “emergency brake”)
If urgency exists and you have paid the deposit (where required), the court can order a provisional suspension without summoning the parties, until it hears the ordinary suspension request. This prevents imminent harm (e.g., next-day auction). The order is not subject to any appeal. Use this tool when the time window is measured in hours/days. (Coduri Juridice)
8) Jurisdiction and competence pitfalls (don’t lose time)
- Default rule: file with the enforcement court as defined by Art. 651 CPC (debtor’s domicile/seat at time of bailiff’s seizure; successive fallbacks if abroad). Art. 714 confirms filing the challenge with the enforcement court, with carve-outs (e.g., interpretative challenges to a judgment go to the court that issued it). (Coduri Juridice)
- Sectoral regimes (tax enforcement, insolvency) can re-route competence; always check special laws and any High Court unification decisions addressing competence rules in your scenario. (Înalta Curte de Casație și Justiție)
Tip: If you first file a provisional request with a court that is not competent on the merits, the court should still verify competence; expect declination to the proper enforcement court—time is of the essence, so evaluate competence before filing. (Coduri Juridice)
9) Strategy: what convinces judges (and what doesn’t)
- Appearance of right (prima facie): don’t just say “acts are null”. Identify the specific vice and its legal anchor (e.g., missing leave; title not enforceable; prescription; exceeding the title’s scope).
- Serious/irreparable prejudice: quantify and document it—auction notices, CF extracts, cash-flow breakdowns, payroll impact; “irreparable” isn’t rhetoric.
- Proportionality and balance of interests: argue that suspension preserves the status quo without unduly harming the creditor (e.g., sale proceeds are held; or garnishment remains but payments are limited).
- Avoid “kitchen-sink” briefs: judges value evidentiary maps (tables showing Evidence → What it proves → Where found → Legal consequence). (Portal Legislativ)
10) Ready-to-adapt templates (structure and key wording)
10.1. Motion for suspension (Art. 719(1)–(3) CPC)
Relief sought
- Suspend all enforcement in BEJ File no. … until the first-instance decision on the challenge to enforcement;
- Set the security deposit per Art. 719(2) CPC, given the disputed value of … lei, and allow payment within the time you indicate;
- Summon the parties and notify the bailiff of any ordered measures.
Facts & reasons
- Title: describe and explain why serious doubts exist about enforceability/validity.
- Enforcement acts: service of the writ, garnishment, auction date, etc.
- Good reasons: (i) appearance of right on the merits; (ii) risk of serious prejudice; (iii) proportionality (= security deposit).
- Evidence: documents (…), land book extracts (…), bank records (…), auction notices (…).
Law
Arts. 719(1)–(3), 651, 714 CPC; 1062 CPC (setting deposit), 1064 CPC (refund). (Coduri Juridice)
10.2. Motion for mandatory suspension (Art. 719(4) CPC)
Tick the specific ground and attach proof:
- [ ] Title not enforceable by law;
- [ ] Document declared false by a first-instance judgment;
- [ ] Authentic deed granting extension/grace from the creditor.
Request suspension without deposit and note that, per ICCJ RIL 2/2021, it lasts until the first-instance decision on the challenge. (Coduri Juridice)
10.3. Application for provisional suspension (Art. 719(7) CPC)
Relief sought
- Under Art. 719(7), order a provisional suspension without summoning the parties until you decide the ordinary suspension request;
- Take note that deposit of … lei has been paid (receipt attached).
Urgency: imminent auction/date, business paralysis, risk of sale at under-value. Note: this order is not subject to appeal. (Coduri Juridice)
11) FAQs (short answers, with legal hooks)
Q1. Can I request suspension before filing the challenge?
Yes. The statute allows a separate filing; nonetheless, supply a concise merits synopsis so the court can assess appearance of right. (Coduri Juridice)
Q2. The court didn’t set the deposit immediately—what now?
Ask the court to set it urgently under Art. 1062 CPC (even without summoning, in emergencies); once set, pay on time or the measures lapse by operation of law. (Coduri Juridice)
Q3. Suspension rejected—can I try again?
You may re-new the request if circumstances change (e.g., new enforcement acts; new evidence like a first-instance falsity finding; authentic grace deed). Beware: for mandatory suspension under Art. 719(4), the time-limit rule from RIL 2/2021 applies—you cannot repackage the same ground for the appeal stage. (Coduri Juridice)
Q4. When do I get the deposit back?
Upon application after the case becomes final (or after the measure’s effects ceased), per Art. 1064 CPC; attach the final decision and the payment proof. (Coduri Juridice)
Q5. Can I suspend only distribution of funds?
Yes—where assets risk perishing/depreciating, sale can proceed but distribution is frozen until the challenge is decided. (Coduri Juridice)
12) Frequent mistakes (avoid these)
- Wrong forum: filing anywhere other than the enforcement court; expect declination and lost time. Verify Art. 651 and Art. 714 before filing. (Coduri Juridice)
- Wrong math: miscalculating the progressive deposit—attach your tiered calculation to the motion. (Coduri Juridice)
- Assertions without proof: “irreparable harm” must be proved (CF, bank statements, notices, auction schedule, payroll).
- Missing urgency: when the auction is tomorrow, ask for provisional suspension under Art. 719(7). (Coduri Juridice)
- Misreading the duration: suspension ends with the first-instance decision—seek protection in appeal separately. (Înalta Curte de Casație și Justiție)
13) Illustrative scenarios (how to frame them)
13.1. Company-wide garnishment
- Risk: operational shutdown; payroll default; contract penalties.
- Strategy: show appearance of right (e.g., title not enforceable; procedural defects), document the financial choke-points (cash-flow, payroll), and offer a correctly-calculated deposit. If assets are scheduled for auction, add a provisional request.
13.2. Enforcement against the only dwelling
- Risk: severe, hard-to-reverse prejudice; sale under market value.
- Strategy: highlight appearance (irregularities in authorisation/identification), impact (family, minors), proportionality (deposit; or suspend distribution only).
13.3. Disputed “title”: invoice/privately signed instrument
- Hook: mandatory suspension without deposit (title not enforceable by law). Note: effect lasts to first-instance only—plan for the appeal phase separately. (Coduri Juridice)
13.4. Falsity established
- Hook: Art. 719(4)(ii)—attach the first-instance judgment declaring falsity; request mandatory suspension. (Coduri Juridice)
13.5. Authentic deed granting payment extension
- Hook: Art. 719(4)(iii)—file the authentic deed; request mandatory suspension. (Coduri Juridice)
14) Pre-filing checklist
- Competence: correct enforcement court under Art. 651/714? (Coduri Juridice)
- Type: standard vs provisional; or mandatory without deposit under Art. 719(4)? (Coduri Juridice)
- Deposit: tiered calculation + evidence of payment (or urgent setting under Art. 1062)? (Coduri Juridice)
- Evidence: annexed and labelled (where found; what it proves).
- Urgency: concrete dates (auction, garnishment escalation).
- Clear conclusions: full suspension vs suspend distribution; provisional order; notify bailiff.
15) Key jurisprudence and constitutional signals
- ICCJ, Decision no. 2/8 Feb 2021 (RIL): “until the challenge is decided” = until the first-instance ruling; binding. (Înalta Curte de Casație și Justiție)
- Constitutional Court has examined Art. 719 (including Art. 719(7) on provisional suspension) and upheld the framework’s constitutionality in recent cases, emphasising the proportionality and guarantee role of the deposit. Track the latest rulings when raising constitutional objections. (Portal Legislativ)
16) Conclusion
A suspension under Art. 719 CPC is often the difference-maker between a reversible and an irreversible enforcement outcome. Treat it as a precision tool: demonstrate appearance of right, serious risk, and proportionality (with correct deposit math). Deploy the provisional route when hours matter; invoke mandatory suspension without deposit in the narrow situations the statute lists. Get competence right, file lean evidence, and ask for concrete relief. Enter the first-instance hearing with a file that makes it easy for the judge to say “yes” and, if needed, have a plan for appellate-stage protection—because the suspension ends when the first-instance decision arrives. (Coduri Juridice)
Primary legal anchors (for quick verification)
- Art. 719 CPC – Suspension of enforcement (scope, deposit tiers, mandatory cases, provisional route, order & appeals). (Coduri Juridice)
- Art. 651 CPC – Enforcement court (definition/territorial rule); Art. 714 CPC – Competent court for challenges to enforcement. (Coduri Juridice)
- Art. 1062 & 1064 CPC – Setting/Refunding the deposit. (Coduri Juridice)
- ICCJ Decision no. 2/2021 (RIL) — suspension lasts to first-instance decision on the challenge. (Înalta Curte de Casație și Justiție)