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Universul Juridic magazin

Validation of the garnishment in the present and future Code of civil procedure, approvative note by lecturer univ. dr. Mircea Ursuta

The validation of garnishment is set up in the enforcement phase when the garnished third party does not fulfill the obligations that he is held by in order to carry out the garnishment or when instead of recording the garnished amount of money he released it to the debtor. The practical relevance of such a measure manifests in those situations when the debtor does not hold money or assets that would entirely cover the debt. In this context, the problem of garnishment validation, lenghtly analyzed over the time from the perspective of the civil procedure Code, requires a present analyses in the light of the new civil procedure Code. A jurisprudential solution that we will critically analyze in the paper refers to the position adopted by some courts that rule the suspension of the judgement for the validation of the garnishment brought by the creditor against the garnished third party – that did not respect the conditions of the garnishment – in those situations where the debtor finds itsself in bankrupcy.