Theoretical and practical aspects regarding the dealine for the submission of garnishment validation instituted by article 790, par. (1) corroborated with article 787, par. (1) of the Romanian Civil Procedure Code

Abstract

The purpose of the present articles is to address several issues related to the deadline for the submission of garnishment validation instituted by article 790, parapgraph (1) corroborated with article 787, paragraph (1) of the Civil Procedure Code.

For the garnishment validation procedure to be initiated, the creditor should be in posessoion of an enforceable title, should have attained permission for forced execution in the form of garnishment, and the garnished third party should be in default of the obligations assigned to it for such garnishment to be performed.

The legal nature of the one month dealine for the submission of the garnishment validation motion is that of an imperative, legal, fixed, and absolute one. The date whereon the deadline for submission of the one month garnishment validation motion begins is 5 days, a prohibitive deadline and which starts to be calculated on the date of notificaton of the garnishment notice for amounts that are already outstanding and, in the case of amounts due in the future, upon their maturity.

In order to determine whether the motion for garnishment validation was or was not submitted within the deadline, there are two deadlines that need to be verified, the 5 days one for which the onset date is either the date of maturity of amounts due in the future and, the one month deadline for which the onset is the day following the date whereon the 5 days deadline was met.

For garnishment validations relating to amount of money due in the future, the deadline for submission of garnishment validation is not the same as the date of notification of the garnishment notice bur the date of maturity of the amounts due. It s superfluous for the official receiver to issue another garnishment notification in this case seeing as, for amounts due in the future, in reference to the moment when the third party should have recorded or paid the amount, the validation produces its effects only on the date when wages become due.