Interim measures in Romanian commercial disputes: precautionary attachment and precautionary garnishment

This service is for creditors who need to secure Romanian-based assets quickly (bank accounts, receivables, movable or immovable assets) before the debtor dissipates them, and for debtors who need to challenge or narrow such measures. We assess urgency and risk, build the evidentiary package, file the correct request, and coordinate execution and follow-up steps.

When you need this

You have a clear unpaid commercial claim and fear the debtor will move assets.
The debtor is emptying accounts, transferring assets, or restructuring rapidly.
You need to freeze bank accounts or third-party receivables before filing (or while filing) the main claim.
You have cross-border litigation or arbitration but Romanian assets are the practical recovery target.
You want to preserve a security position while negotiations are ongoing.
You received a precautionary attachment/garnishment and need to contest it or replace it with security.
You need a fast reality check on evidence thresholds, costs and procedural risks.
You need coordination with a bailiff for implementation and proof of execution.

What we do in practice (step by step)

Confirm the claim basis and quantify the amount to be secured (principal, interest, penalties, costs).
Collect proof for urgency and dissipation risk (timeline, debtor behavior, registry changes, payment patterns).
Choose the right measure: attachment over assets, garnishment over receivables, or a tailored interim tool.
Prepare the court filing with exhibits and a coherent narrative that survives scrutiny.
Address security deposit and proportionality issues where the law or court practice requires it.
Coordinate execution steps (bailiff, banks/third parties, registry entries) and obtain proof of implementation.
Prepare the merits track: main claim filing, jurisdiction strategy, and evidence preservation.
Handle challenges or appeals, including reduction, lifting, or replacement by security where possible.

Documents and information helpful for the first assessment

Document	Why it matters	Notes
Contract / invoices / acceptance proof	Shows prima facie claim strength	Include annexes, delivery notes, acceptance emails
Demand letters and debtor responses	Supports default and urgency narrative	Keep proof of service and dates
Evidence of dissipation risk	Key threshold for interim relief	Asset transfers, registry changes, account behavior
Debtor identifiers	Needed for execution accuracy	Company data, CUI, addresses, bank details if known
Asset map (known accounts, receivables, properties)	Guides measure selection and execution	Use realistic targets and proportional amounts
Cross-border file (if any)	Supports jurisdiction and strategy	Arbitration clause, foreign pleadings, timetable

Risks and common mistakes

Filing without credible proof of urgency and dissipation risk.
Overreaching amounts or targets, leading to proportionality problems.
Weak documentary proof of the underlying claim (delivery/acceptance gaps).
Not coordinating execution logistics, so the measure is granted but not effectively implemented.
Ignoring cross-border angles (Brussels I, EAPO) where they offer better leverage.
Delaying the main claim after obtaining the measure, increasing vulnerability to challenges.

FAQ

What is precautionary attachment (sechestru asigurător) in simple terms?

It is a court-ordered measure that restricts dealing with certain assets to preserve the possibility of later enforcement, based on statutory conditions and a supporting evidence package.

What is precautionary garnishment (poprire asigurătorie)?

It is an interim freezing mechanism over sums owed to the debtor by third parties (often bank accounts or receivables), aimed at preserving funds until the merits are decided.

Do I need to file the main claim first?

Depending on the legal route, interim measures can be requested before or during the merits track, but timing and follow-up obligations matter; the strategy is built around deadlines and procedural stability.

Can the debtor challenge or lift the measure?

Yes, the debtor can contest the measure and may seek reduction or lifting, including by offering security where the legal framework allows; the outcome depends on proof and proportionality.

Is there an EU option to freeze bank accounts cross-border?

In EU cross-border cases, the European Account Preservation Order framework may apply; the correct choice depends on the debtor’s bank location, case posture and available evidence.

Information is general and does not replace legal advice. Facts, documents and chronology matter.

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Interim measures in Romanian commercial disputes: precautionary attachment and precautionary garnishment

When you need this

What we do in practice (step by step)

Documents and information helpful for the first assessment

Risks and common mistakes

FAQ

Relevant internal links

Sources