Interim measures in Romanian commercial disputes: precautionary attachment & precautionary garnishment (freezing assets before judgment)

This page is for creditors who need to secure Romanian-based assets quickly (bank accounts, receivables, movable or immovable assets) before a debtor dissipates them, and for debtors who need to challenge, narrow or replace such measures. The practical difference is made by evidence: a credible claim, a concrete dissipation risk and a request that can be executed in real life.

Informațiile sunt generale și nu înlocuiesc consultanța juridică. Contează faptele, actele și cronologia.

When you need this

You have a commercial claim and the debtor is moving assets or draining accounts.
You need to preserve assets while a court claim or arbitration is pending.
You have indications of transfers to affiliates or rapid disposal of stock/equipment.
You need precautionary garnishment against third parties that owe money to the debtor (clients, platforms, processors).
You are running the main dispute abroad but assets are in Romania and you need urgent preservation steps.
You are a debtor with accounts blocked and operations affected.
You want to replace the measure with a guarantee or limit it on proportionality grounds.

What we do in practice

We define the target: what asset/receivable is realistic to secure and what concrete risk exists.
We pick the correct tool: attachment for assets vs garnishment for receivables and bank accounts.
We build the evidence file: contract, maturity, notices, and dissipation indicators that can be verified.
We draft and file the request with workable execution instructions (asset identification, third parties, amounts).
We plan and handle any security (cauțiune) and procedural deadlines.
We coordinate execution with the relevant actors (banks, third parties, executor where needed).
For debtors, we prepare the challenge or limitation request with proof and proportionality logic.

Documents/information useful for a first review

Document	Why it matters	Notes
Contract/order + applicable terms	Shows the claim basis and payment obligations	Include annexes, acceptance, penalties
Invoices, delivery proof, acceptance records	Supports performance and amount	Note what is disputed and why
Notices, demand letters, acknowledgements	Supports maturity and default timeline	Keep sending/receipt proof where possible
Dissipation indicators	Supports urgency and risk	Transfers, listings, withdrawals, public data
Asset/third-party data (land registry, company data, counterparties)	Makes the measure executable	Identify banks/clients/receivables if known
Draft or filed main claim/arbitration notice (if relevant)	Connects the interim request to the main dispute	Often prepared in parallel

Risks and common mistakes

Vague requests that cannot be executed (no asset/third-party targeting).
Insufficient evidence of urgency and real dissipation risk.
Ignoring security (cauțiune) or timing mechanics, losing practical effect.
Not aligning interim measures with the main claim path where required or strategically needed.
Overbroad measures that are vulnerable to proportionality challenges.
Debtor-side inaction that allows operational damage to accumulate without a focused challenge.

FAQ

What is the difference between precautionary attachment and precautionary garnishment?

Attachment targets assets (movables/immovables), while garnishment targets receivables owed to the debtor by third parties (including banks). The choice depends on what can be reached in practice.

Can the court require a security (cauțiune)?

In some situations, yes, the court may condition the measure on a security deposit. We assess this risk early and plan accordingly.

Can I request interim measures before I have a final judgment?

Yes, interim measures are designed for pre-judgment scenarios, subject to legal conditions and evidence. The key is a credible claim and a concrete preservation need.

How can a debtor challenge or narrow an interim measure?

Debtors can use procedural routes to request lifting, narrowing or replacing the measure, typically by challenging conditions, showing disproportionality or offering guarantees. A focused evidence file is essential.

Can Romanian interim measures support foreign litigation or arbitration?

In certain scenarios, yes, especially where the assets are in Romania and urgency is demonstrated. The legal framework depends on whether the main dispute is EU-connected or not, and on arbitration vs court litigation.

Contact

Email: alexandru@maglas.ro | Tel: +40 756 248 777