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Getting enforcement order Bulgaria

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Getting enforcement order Bulgaria

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Procedure for issuing an order for payment

The order for payment procedure is a court procedure that is used to simplify the enforcement of monetary claims and the restitution of movable property. Its object is obtaining of a writ of execution without a legal trial. 

The fees for initiating the procedure for issuance of an order for payment amount to 2 % (two percent) of the value of the claim. In addition, the claimant could incur some expenses for attorney’s fees, which depend on the value of the claim.

If the debtor raises objections against the issued order for payment and a trial begins, then, when calculating the costs for the trial, only the state fees paid in the order for payment procedure shall be taken into consideration, whereas the attorney fees shall not be accounted for.

If the debtor fails to raise objections, a writ of execution shall be issued in favor of the claimant and on its grounds an enforcement procedure begins, the additional costs of 2 %

The procedure……

Under the current Civic code, and in particular the provisions of Art.410 and Art.417, anyone can ask the district court to issue an enforcement order.

The order of execution is a valid ground for issuing a writ of execution.In this sense, the enforcement order replaces the judgment as such.The purpose of this commandment is a quick, surprising and more economical process.An order for enforcement may require any creditor who has a debited claim in the form of “sums of money or substitute goods when the claim is brought before the district court” (Article 410 (1) (1) of the CCP).

This in practice means that the claim can be based on almost any basis – a contract of employment, a rent contract, a loan contract, and any kind of bonding relationship in general.

The proceedings shall begin with an application by the applicant (the creditor) to the district court under the common local jurisdiction – at the permanent address of the debtor.The District Court examines the application by verifying its regularity and the admissibility of the proceedings.

The applicant must also reflect the basis on which he refers for his affection.

This practice may be a contract or other documents showing that the claimant has one claim from a creditor.If all this is fulfilled, the court shall issue the order within three days, and then send it to the parties.In turn, the debtor may object to the warrant issued within 14 days, which in any way has no evidential value for the existence of the claim up to that point.If, however, it is not challenged by the debtor within this time limit, it becomes the enforceable ground on which to issue a writ of execution in order to initiate enforcement proceedings against the debtor.

Of course, he may also voluntarily pay his debt if he acknowledges it within the same 14-day period following the receipt of the order.If, however, he objects to the general claiming process, the claimant in the order for the proceedings has a one-month term from contesting the claim in which he can file a claim with the same court.

Article supplied by International law office D.Vladimirov & Partners

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