Judicial executors (Bailiffs) perform procedural actions (debt collection, maintaining order in court and executing other decisions made by the court) in order to enforce writs of execution in accordance with the provisions of the Code of Enforcement, the Civil Procedure Code and other legislative and regulatory acts.
A judicial executors is an individual authorized by the state to carry out activities in the public interest, as provided for by Law No. 113/2010 on judicial executors and other laws. In the performance of their official duties, a bailiff is a representative of state power. Only a licensed bailiff, empowered in accordance with Law No. 113/2010 on judicial executors, may carry out enforcement.
An act drawn up by a bailiff within the limits of his legal powers is a procedural act of public authority, has evidentiary force, is presumed to be lawful and, if drawn up within the framework of enforcement proceedings, can be challenged in the manner prescribed by the Enforcement Code.
The performance of the activities of a bailiff is incompatible with paid activities within the framework of other professions, with the exception of teaching, scientific and creative activities, as well as activities in professional bodies, the activities of a mediator or arbitrator.