Banking law – protecting consumers and handling disputes with credit institutions
Banking relationships can become complex: abusive clauses, unexpected cost changes, or enforcement procedures. I provide consultancy and representation in all types of banking disputes, focusing on protecting debtors' rights and rebalancing contracts.
I examine the loan documents, enforcement acts, and communications with the bank, set a procedural strategy, and explain risks, costs, and timelines clearly so you can decide quickly.
I work on both prevention and defence: contract review and negotiation, as well as litigation and enforcement challenges when needed.
Reviewing and renegotiating loan agreements
- legal analysis of loan contracts (RON, EUR, CHF);
- identifying abusive clauses (fees, interest, margins);
- modifying interest calculation formulas;
- challenging unilateral cost increases;
- assistance in conciliation/mediation with the bank.
Abusive clauses and litigation against banks
- actions to establish nullity of abusive clauses;
- recovery of amounts unduly paid (fees, interest, penalties);
- restoring parties to their prior position;
- challenging addenda signed under pressure or without proper information;
- practical handling of legacy CHF cases.
Law on giving in payment (datio in solutum)
- eligibility analysis and strategy;
- drafting the notification to the bank;
- representation in the notary procedure;
- actions against the bank's challenges;
- obtaining the decision extinguishing obligations;
- recovery of amounts unduly paid after completion.
Useful in financial imbalance, divorce, loss of housing, or inability to pay.
Enforcement with banking origin
- challenge to enforcement;
- reducing or removing abusive interest or garnishments;
- provisional or definitive suspension of enforcement;
- negotiating amicable solutions with the bank;
- protecting the family home from unlawful enforcement.
For more details on enforcement procedures, see the dedicated enforcement page.
Restructuring loans
- reviewing restructuring offers;
- renegotiating loan terms;
- protecting the debtor against disadvantageous solutions;
- reducing debt burden.
Bank-initiated litigation against debtors
- defence in actions regarding outstanding amounts;
- challenging acceleration notices;
- challenging contractual clauses invoked by the bank;
- representation in appeals and recourse.
Procedure costs
- notarial costs, where applicable;
- court costs in bank challenges;
- transparent attorney fees, agreed upfront;
- stamp duties exempted for abusive clauses/refund actions.
Why work with a banking law attorney?
- laws and case-law change often;
- loan contracts are technical and can hide risks;
- courts can differ on similar cases;
- proper representation can bring significant savings;
- a clear strategy from the outset of the procedure.
For a complete review of your loan agreement, send the details via the contact form or book a consultation.