The interrogatories carried out by the bailiff do not constitute an act of enforcement and do not interrupt the limitation period for enforcement.
An essential element in the formulation of a challenge to enforcement is the verification of the issuance of enforcement acts within the limitation period provided for by civil procedural law.
Whether we are talking about a credit agreement or other contractual relationships, it often happens that debtors are seized/restricted even several years after the last enforcement documents have been served.
In such a case, the extent to which the latter acts could still have been carried out should be examined as a matter of priority, taking into account the limitation period for the right of enforcement.
Currently, Art. 712 para. (1) of the Code of Civil Procedure establishes, as a rule, a limitation period of 3 years in matters of claims.
This term is subject to suspension and interruption. In relation to the potential causes of interruption, we recently assisted a client, as an objector, in obtaining the cancellation of the attachment notice and the return of the enforcement, precisely on the grounds that, in the case in question, the 3-year limitation period provided for by law had expired, without any act having been committed that could interrupt it.
In its considerations, the court held, inter alia, that:
"Letters to obtain information to various authorities, according to Article 659 of the Civil Procedure Code, are not acts of execution and, as such, do not lead to the interruption of the limitation period for enforcement".
Therefore, in calculating the limitation period, it is necessary to take into account that the addresses made by the bailiff for information purposes, as well as any queries in the databases of public authorities do not constitute acts of enforcement, so that they cannot interrupt the limitation period.
The grounds for interruption are explicitly mentioned by the legislator, and the Romanian courts consistently confirm that the executor's addresses to various authorities to obtain information do not fall into the category of enforcement acts. Indeed, according to Art. 709 para. (1) point 4 of the Code of Civil Procedure, the limitation period is interrupted by the performance of an act of execution. However, since there is no such act, those addresses cannot interrupt the limitation period.
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