Enforcement of a Court Decision in Bulgaria
Updated on Sunday 05th May 2019
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The enforcement of a court decision in Bulgaria designates the final stage of a proceeding in which a creditor and debtor participated. The enforcement of a court decision represents one of the last steps for debt collection in Bulgaria, through which a claimant benefits from a positive ruling against a debtor.
The enforcement of a court decision generally refers to civil and commercial matters, but this legal procedure can also be used for cases that fall under the regulations of the criminal law. Our debt collection lawyers in Bulgaria can provide an extensive presentation on the procedure and can assist creditors and debtors with advice on the rights they have during the enforcement of a court decision issued in this country.
What assets can be subjected to enforcement in Bulgaria?
The enforcement of a court decision in Bulgaria usually takes place when the debtor did not want to avail specific assets in order to cover the debt he or she had towards a creditor. Thus, the court decision is issued with the purpose of covering the respective assets. However, when entering this legal procedure, the debtor must be aware that debt collection in Bulgaria in this case can refer to assets such as:
- movable goods, wages, income obtained from immovable property;
- income obtained from immovable property, rental income included;
- financial assets held in bank accounts and the person’s immovable property;
- provided that the person is involved in a business activity, his or her shares or bonds can also be subjected to enforcement in Bulgaria;
- various items that are considered immovable or movable property (marital property included).
Are there any assets that can’t be subject to enforcement in Bulgaria?
Yes, the legislation on debt collection in Bulgaria stipulates that a wide range of assets can’t be taken away from the debtor. The Council of Ministers in Bulgaria created a list that presents the types of assets the court can’t take away from the debtor, regardless of the amount he or she has to pay to a claimant. Our team of debt collection lawyers in Bulgaria can provide an extensive presentation on the subject, but parties interested in this subject should know that the follow will apply:
- objects that are used by the debtor and his or her family as household goods;
- the food necessary for the debtor and his or her family (estimated for an entire month);
- the fuel needed for various household utilities, calculated for a period of three months (for the debtor and his or her family);
- machinery and any other similar goods that are used by the debtor in order to develop his or her business activity or professional occupation;
- various parts of properties, such as land, dwellings or livestock needed in the case in which the debtor is a farmer.
How can a judgement be enforced in Bulgaria?
Bulgaria is a member state of the European Union (EU) and most of its rules of law have been harmonized with the EU law. In the case of foreign judgments related to the enforcement of a court order that was decided in a EU member state, the Bulgarian law stipulates that no special procedures have to be completed in order for the decision to be recognized here.
In the case of judgments that were ruled outside the EU, the primary rule of law is the Private International Law Code, alongside with specific treaties to which Bulgaria adhered. Our debt collection agency in Bulgaria can offer more information on this subject.
Parties interested in the enforcement of a court decision in Bulgaria should know that the judgment will be carried out based on a writ of execution, a document which is issued after the final court judgement. The enforcement procedure can be carried out by state or private bailiffs. In the case of the private bailiffs, the main rule of law regarding their activity is given by the Private Judicial Enforcement Act.
What happens after an enforcement is issued by the Bulgarian court?
Once the Bulgarian court issued the decision to seize the assets of a debtor in Bulgaria, the bailiff will have to notify the debtor regarding the date in which an inventory will be made on his or her property. In the case in which we refer to an immovable property, the Bulgarian property registry institution will receive a seizure notification from the court which issued the enforcement procedure.
Since the moment when the debtor is notified regarding the commencement of the enforcement procedure, he or she no longer has the right of disposing of his or her assets, by any means. We invite those interested in finding out more information on the applicable law to contact our team of debt collection lawyers in Bulgaria, who can also represent local and foreign persons in front of a local court.