Leasing disputes

Legal representation in leasing disputes

Finance and operating lease disputes are examined primarily under Government Ordinance No. 51/1997 and the contract. They may arise after unpaid instalments, a termination notice, a demand for return of the asset, or claims for damages and penalties. The enforceability provided by Article 7(1) does not apply where the lessee is a consumer, under paragraph (2), an amendment in force since 2021. Thus, not every leasing agreement is an enforceable title merely by operation of this provision. A lawyer checks the lessee’s status, termination documents and amounts claimed to identify the right remedy and prevent unjustified enforcement or repossession.

Challenges to enforcement, return of the asset and defence strategies

The defence begins with the contract, termination notice and calculation of the obligations. If enforcement has begun, we examine the title and procedural acts, the challenge deadline and the conditions for a stay. Consumers may benefit from protection against unfair terms under Law No. 193/2000; for a company or other business lessee, an unfavourable term is not automatically unfair within the meaning of that law. In these relationships, we analyse Civil Code remedies, including reduction of contractual penalties under Article 1541, non-performance and obligations relating to the asset. We examine the return and realisation of the asset and their effect on the debt under the specific rules, to contest unjustified claims without promising the same outcome to every lessee.

Legal assistance and representation in Focșani and Vrancea County

Frozen accounts, demands for the return of equipment or enforcement initiated by leasing companies can completely disrupt your company’s operations or personal finances. Basuc Cosmin Law Office in Focșani provides specialist legal assistance and representation in disputes with leasing companies and debt collectors in Vrancea County. We assist in stopping abusive enforcement proceedings, draft the necessary challenges and represent you firmly before Focșani District Court, the Vrancea Tribunal and the Galați Court of Appeal, working to protect your assets and achieve a fair outcome.