Challenging a Will Lawsuit

If you think your interests are injured with the will, left by your testator, seek help from a hereditary cases lawyer. He will initiate a challenging a will lawsuit.

There are null and void grounds for filing a challenging a will lawsuit. Null grounds have no legal effect while void grounds have legal effect, but it can be suspended. For this purpose, it is necessary judging the relevant claim or objection. To be filed challenging a will lawsuit it is necessary not to have expired 10-year duration of opening of succession. In addition: not to have passed more than 10 years since the death of the testator. The period between learning the reason for filing a challenging a will lawsuit and starting the procedure should be maximum 3 years.

The first ground of nullity is governed by Art. 43, para. 1 b. A the Law of Succession. It is related to testamentary capacity. In order for a person to draw a valid will, it should be major and be able to act wisely and handle his actions. This is Decision № 244-1979-I, 83-2004-II GO SCC.

People who are under full guardianship do not have testamentary capacity. A controversial issue is the ability to bequeath of such person. According to some of the opinions, a person placed under partial guardianship can not be legally able to prepare a will. Case law, however, takes the opposite view. It is assuming a decisive factor specific factual possibility of reasonable actions of the person rather than the legal limit of capacity. For this reason, in a challenging a will lawsuit a person’s legal capacity to bequeath shall be assessed to the date of the will. It doesn’t matter the legal capacity of a person before making a will.

The Secon Ground

Challenging a Will Lawsuit

Challenging a Will Lawsuit

of nullity of a will is governed by art. 43, para. 1 b. “B”  Law of Succession. According to it the mistake, which is a discrepancy between the external objectification and the actual inner will of the testator, is a ground for dispute. Mistake can refer both to the person – successor, and the subject of inheritance. The mistake in the name of the successor does not vitiate the will. The contents must have enough data to customize the person (decision № 284-2000-I GO SCC). It is possible that there is a mistake of the motive for the preparation of the will and it is displayed as an independent ground for filing a challenging a will lawsuit.

It is envisaged that the motive is expressed in the very will and it is crucial, namely that it is the only reason for creating a testamentary disposition.

The following grounds for nullity of a will are “fraud and violence”. They are regulated in Art. 43, para. 2 Law of Succession. Violence can be expressed in physically or as a threat of force. If violence is in a form of a threat, it should create a well-founded fear in the testator, who is preparing a will.

In a challenging a will lawsuit the original claim may be filed to seek annulment. Without the need of changing the claim, it can be proclaimed the nullity of the will. To perform testamentary dispositions court can make a judgment, based solely on the will, submitted as evidence in the case.

Grounds for nullity of a will include:

  • procedural defect of the will – lack of full date and / or signature of the testator, the will is not written manuscript by the testator and is printed on a typewriter, computer or laptop
  • the motive of the will is contrary to law and morality
  • the will is on a contrary to the gratuitous nature of this type of document

Due to the variety of reasons that can lead to vice – grounds for filing a challenging a will lawsuit it is a good idea to seek help from a hereditary cases lawyer before you prepare this important document.

Contact us. We are professions. If you need some advices, you can receive helpful information online.

Sale of Shares of Common Property

If you are a co-owner of hereditary property and wish to sell your ideal part of it, but you do not want to offer the other co-owner / co-owners, as prescribed in law, then consult an experienced real estate lawyer. We work with excellent real estate lawyers, the best in this area. They know how to solve your problem without circumvent the law.

Sale of Shares of Common Property

Sale of Shares of Common Property

Our experienced real estate lawyer will tell you that according to art. 33 of the Property Act, if you are a co-owner of a property and want to sell your share of it, you must first offer the share of the property to another co-owner or co-owners, if they are several. Only when each of them refuses to redeem your shares, you may sign a purchase contract – the sale of shares of common property of a third party.

Unfortunately, in many cases co-owners of an inherited property, for example, are not in good relationships with each other. Moreover – they often do not even speak to one another. The presence of a deep rift in their relationship is the reason the co-owner who has decided to sell his shares, seeks to avoid direct contact with the other co-owner or co-owners. Sometimes the owners of real property are too many and do not even know each other. This is a common problem in inheritance of property – land. This situation occurs too frequently, but most of our customers do not know that it can be overcome. So if there are any any pressure points associated with the sale of shares of common property or preparation of documents for the sale of the property, contact our experienced specialist. Now you have the exclusive opportunity to receive free online consultation through our website. You can connect with an experienced real estate lawyer if you use the contact form on our website, the e-mail or phone number.

Why to choose us?

International law firm  “D. Vladimirov and partners” has extensive experience in the sale of  shares of common property. Our team of experienced real estate lawyers, completely dedicated to their work, knows the ins and outs that will get you out of this delicate situation. Here you will meet with an effective and lawful method that will accomplish your goal without circumvent the law.

Although the provisions of Article 33 of the Property Act is adamant there is a legal way to prevent offering your share of the property of other co-owners. Here it is: You, as an owner, if you want to make a sale of shares of common property of a third party must first transfer by donating a part of your share to the third party. If you own a ½ share of the property, it can be transferred by donation ¼ of your ½ share of the third party. Subsequently, you will sell the rest of your share to the same third party. This third party entitled gifted ideal part of the property is also provided in the position of a co-owner. Through this quirk you will comply with Article 33 of the Property Act and still sell your property to the person you wanted.

Such action is undoubtedly lawful and does not constitute circumvention. It is a widely used tool for solving problems related to co-ownership of real estate, where the co-owners are not able or willing to voluntarily resolve disputes of that nature.

If you want to get a quick free consultation from a professional, contact us by phone 02/858 10 25 or email info@lawyer-bulgaria.bg. We are available to answer your questions and give you the right advice on how to proceed in this situation. Before contacting us, please read the general terms and conditions that you can find in our website. We are available 24 hours a day.

Hereditary Cases Lawyer – Declaring a Will

The will as a specific type of document represents one-sided deal which can be created in two ways. It can be a notarized will, drawn up by a notary or a holographic will, written by the testator. Before you draw a holographic will consult with a hereditary cases lawyer, who will explain to you the specifics that you need to know when you decided to bequeath your property.

Hereditary Cases Lawyer

Hereditary Cases Lawyer

The first essential characteristic of a holographic will is that it is considered to be a personal gratuitous act which has legal consequences after the death of the testator. Till that moment the testator is entitled to change his holographic will several times. In order to be a will valid, it must contain within itself the exact date of preparation, the subject of will and must specify the subject who will inherit the property. When you have prepared several wills the only valid will is considered to be the one with the latest date.

When the testator has died the will should be declared and registered. To generate these legal consequences the successor, in whose favor the testamentary disposition is made, has to know about its existence. Before the death of the testator the main characteristic of the will is its confidence. In contrast, to produce legal effects after the death of the testator, there must be made several procedural actions that in no way can be characterized as confidential.

As any good hereditary cases lawyer will explain to you, after you have prepared your will, you should tell the person that you have specified as your successor in will for its existence. After the death of the testator the successor should be able to identify where the will is and to whom is entrusted for safekeeping.

What coming next?

The holographic will is known as a secret will because it is an expression solely upon the free will of the testator. His will should not be vitiated by side effects, suggestions to third parties or pressure – mental or physical.

After a consultation with a hereditary cases lawyer, you will find that in the Inheritance act contains a specific provision of art. 27 para. 1, according to which the person who keeps a holographic will is obliged to request its disclosure by a notary immediately after learning of the death of the testator. Note that this statutory provision is not connected to any special sanction that derives directly from the possible omission of the person who keeps personally holographic will. It is difficult to be proved the exact moment of learning about the death of the testator, which means that to be established beyond doubt that fact will need a full mainly proof.

Your hereditary cases lawyer will explain that any person who appears to be interested in the announcement of the will, can ask the district judge for the place where the heritage was found, to determine a specified timeline for submission of the will in order for it to be announced by the notary.

If the will is left for storage to the notary, he executes its announcement – pursuant to Art. 27 para. 4 of the Inheritance Act.

Most people can not understand what is the definition of “place of opening the inheritance.” As your hereditary cases lawyer would explain to you it is “the last residence of the testator.” The last residence of the testator may be specified as his permanent residence and permanent address in Bulgaria before his death.

The quality “interested person” is not easy to be proved. If the ” interested person ” is the successor in law of the testator, it is enough for him to submit an abstract of the death of the testator. But in most cases the person is not from the circle of heirs at law of the testator. Then the only direct evidence of his quality ” interested person ” is itself the holographic will. Your hereditary cases lawyer will tell you that the presentation of an abstract of the death certificate of the testator sets only the likeliness of the deceased to has drawn holographic will in favor of the plaintiff. The “interested person” shall indicate the person who keeps the holographic will.

 

List of Documents Required for Selling Real Estate – Part 1

Selling Real Estate

Selling Real Estate

There’s something important to clarify about selling real estate. If you do not have time or information necessary for flawless preparation of all required documents, do ask for help. Our real estate lawyers are professionals and will be pleased to assist you. The team of Internationla Law Office D. Vladimirov and Partners consists of responsible specialists. They are excellent real estate lawyers having years of experience. We offer you our exceptional knowledge in preparation of documents for selling real estate.

 

For your convenience, our team of experts will prepare a complete and exhaustive list of documents. All of them are done in the proper way. If you have further questions or need more information, do not hesitate to contact a real estate lawyer on the phone or in written on our website.

List of Required Documents

The list of documents required for selling real estate consists of 16 points. This article will look through the first three of them. You can have them by asking a real estate lawyer.

  1. A document certifying your ownership of the property – by this document you identify yourself as the owner and seller of a particular property.

The most common types of ownership documents are as following:

  • Title Deed – it has to be registered in the Registry Agency at the location of the property. The types of title deeds are as follows:
  • deed of sale;
  • deed of donation;
  • deed of replacement;
  • notarial deed of findings;
  • deed of transfer of immovable property against liability for maintenance and care;
  • title deed of immovable property acquired by inheritance;
  • title deed of immovable property acquired by bequest;
  • deed of succession by a court decision declaring the preliminary contract as a  final, according to Article 19 of CPA.
  • Records for registration of the deed; attached note for its entry.
  • Contract of sale concluded under the State Property Regulations.
  • Contract of sale signed according to the Municipal Property Act and the Law on State Property of state or municipal property. If the contract is concluded after 01.06.1996, it should be entered in the Registry Office at the Registry Agency.

If you have lost or cannot find where you have placed the deed, do not panic! A duplicate of this document may be issued, as well as an identity document in the Registry Office at the Registry Agency at the location of the property. Please be advised that you will be charged for it.

The other two documents required are as following:

  1. Property Tax Assessment Certificate – this type of certificate is issued by the Tax Office in the municipality where the property is situated in. In the tax assessment, the address of the property has to match the one pointed in the title deed. If they don’t, there must be presented a certificate of identity of both addresses.

All the names of the property’s owners are written down in the tax assessment. All obligations on the property must be paid by all owners. Information on obligations of the property are stated in the tax assessment. If there are obligations of the property written down in the tax assessment certificate, these obligations must be paid before the entry of the transaction in the Registry Agency. For this purpose, the acquittance signed by the bank which the amount is paid in, ought to correspond to the amount recorded as a liability in the certificate of tax assessment. For further questions, consult with your real estate lawyer.

  1. Marital Status Certificate of the seller (property owner). This document shows what has been the owner’s marital status up to the date of the property acquisition. Marital Status Certificate is issued by the local USCRASP office, in the area of the person’s address registration. An application for a certificate may be submitted by the person or his/her legal representative, as well as by an authorised person bearer of power of attorney. That can be done also by a person whose legitimate interest is subject to a certificate. Same applies to a person who derives rights from issuing a certificate of marital status, according to the prerequisites of Art. 186 CPC, Art. 133 of Criminal Procedure Code and Art. 42 of APC; and expressly authorised person according to Art. 5, paragraph 2 of the Decree № RD-02-20-6 from 24.04.2012.

Contact us

More information and tips about where the documents necessary are to be issued, you can see in the next article. We are available for questions and consultation on the phone or via email that you will find in the contact form on our website.

 

List of Documents Required for Selling Real Estate – Part 1

Selling Real Estate

Selling Real Estate

There’s something important to clarify about selling real estate. If you do not have time or information necessary for flawless preparation of all required documents, do ask for help. Our real estate lawyers are professionals and will be pleased to assist you. The team of Internationla Law Office D. Vladimirov and Partners consists of responsible specialists. They are excellent real estate lawyers having years of experience. We offer you our exceptional knowledge in preparation of documents for selling real estate.

 

For your convenience, our team of experts will prepare a complete and exhaustive list of documents. All of them are done in the proper way. If you have further questions or need more information, do not hesitate to contact a real estate lawyer on the phone or in written on our website.

List of Required Documents

The list of documents required for selling real estate consists of 16 points. This article will look through the first three of them. You can have them by asking a real estate lawyer.

  1. A document certifying your ownership of the property – by this document you identify yourself as the owner and seller of a particular property.

The most common types of ownership documents are as following:

  • Title Deed – it has to be registered in the Registry Agency at the location of the property. The types of title deeds are as follows:
  • deed of sale;
  • deed of donation;
  • deed of replacement;
  • notarial deed of findings;
  • deed of transfer of immovable property against liability for maintenance and care;
  • title deed of immovable property acquired by inheritance;
  • title deed of immovable property acquired by bequest;
  • deed of succession by a court decision declaring the preliminary contract as a  final, according to Article 19 of CPA.
  • Records for registration of the deed; attached note for its entry.
  • Contract of sale concluded under the State Property Regulations.
  • Contract of sale signed according to the Municipal Property Act and the Law on State Property of state or municipal property. If the contract is concluded after 01.06.1996, it should be entered in the Registry Office at the Registry Agency.

If you have lost or cannot find where you have placed the deed, do not panic! A duplicate of this document may be issued, as well as an identity document in the Registry Office at the Registry Agency at the location of the property. Please be advised that you will be charged for it.

The other two documents required are as following:

  1. Property Tax Assessment Certificate – this type of certificate is issued by the Tax Office in the municipality where the property is situated in. In the tax assessment, the address of the property has to match the one pointed in the title deed. If they don’t, there must be presented a certificate of identity of both addresses.

All the names of the property’s owners are written down in the tax assessment. All obligations on the property must be paid by all owners. Information on obligations of the property are stated in the tax assessment. If there are obligations of the property written down in the tax assessment certificate, these obligations must be paid before the entry of the transaction in the Registry Agency. For this purpose, the acquittance signed by the bank which the amount is paid in, ought to correspond to the amount recorded as a liability in the certificate of tax assessment. For further questions, consult with your real estate lawyer.

  1. Marital Status Certificate of the seller (property owner). This document shows what has been the owner’s marital status up to the date of the property acquisition. Marital Status Certificate is issued by the local USCRASP office, in the area of the person’s address registration. An application for a certificate may be submitted by the person or his/her legal representative, as well as by an authorised person bearer of power of attorney. That can be done also by a person whose legitimate interest is subject to a certificate. Same applies to a person who derives rights from issuing a certificate of marital status, according to the prerequisites of Art. 186 CPC, Art. 133 of Criminal Procedure Code and Art. 42 of APC; and expressly authorised person according to Art. 5, paragraph 2 of the Decree № RD-02-20-6 from 24.04.2012.

Contact us

More information and tips about where the documents necessary are to be issued, you can see in the next article. We are available for questions and consultation on the phone or via email that you will find in the contact form on our website.

 

List of Required Documents for Selling Real Estate – Part 2

In the previous article we have pointed at the three main documents which selling real estate would be impossible without. They are as follows: a document certifying your rights of ownership, certificate of a property tax assessment and a certificate of marital status of the owner(s). Here you will find more useful information to facilitate the preparation of the necessary documents with. However, remember that you can always rely on legal help and support of our real estate lawyers. International Law Office D. Vladimirov and Partners is one of the most reputable law firms in Bulgaria. We are proud of our team of professionals, each member of which is a competent real estate lawyer devoted entirely to the work by helping society.

Lease Agreement Lawyer

Lease Agreement Lawyer

Here are the other documents which are of great importance for selling real estate:

  1. Marriage Certificate, in the case that the seller – the owner of the property – is married. The certificate is to be provided only in person to the one who had declared its issuance.
  1. In the event that the property is not acquired during the marriage, it is not MPC (Matrimonial Property Community). This means that the spouse is the only owner of the property. Note that if the property is the registered with the other spouse’s address, there is a need of filling in declaration, under Article 26 of the Family Code. The same rule applies to property acquired by inheritance, donation or through other legal means that do not represent MPC.
  1. If the property has got established right for use, to sell it, the user must abandon the real right settled in his favor. The refusal shall be carried out with a declaration on the waiver of use. The declaration is to be signed in front of a notary and entered into the Registry Office.
  2. In the event that over the property had been carried out a partition, the document necessary can be either an agreement or judgment duly entered into the Registry Agency.

What else…

  1. Property sketch, when transferring a land (land, yard or part of the yard built on the property/apartment). It is issued by the technical service of the region at the municipality where the real estate is located in. It is valid for 6 months from the date of issue.
  2. Certificate of Inheritance or Death Certificate of the ancestor.
  3. If the owner(s) of the property is divorced, the court judgment for the dissolution of the marriage in divorce has to be presented.
  4. In special cases, additional documents are required for tracing the history of the property, in order to firmly and clearly proving ownership.

Selling Real Estate – other documents

  1. Encumbrances Certificate of the property – issued by the Registry Agency, applies to all documents of ownership in heritage, as well as certificates of inheritance. If the property includes land or parts of the land, a sketch of the property also must be applied. If the sale of real estate is regulated by the cadastral map, the sketch /scheme is issued by GCCA*

*Geodesy, Cartography and Cadastre Agency. If the property is located in a city which is not regulated by the cadastral map, then sketch is issued by the technical service at the municipality.

  1. When the seller physically is not able personally to present the transaction for the sale, he/she is entitled to authorise a third party. That can be done by a notarised by him/her Power of Attorney. That document explicitly describes the representative rights which the principal gives the authorised person. The Power of Attorney must enclose a notarised declaration under Art. 25, paragraph 7 of the Notaries and Notarial Practice Act (NNPA), and a declaration under Art. 264, paragraph 1 of the Tax-Insurance Procedure Code (TIPC). This person may be your real estate lawyer.
  1. Identity document, other documents individualizing the buyer and the seller.
  1. In case of a sale of real estate in a newly constructed building, relevant documents from the builder/investor as: building permit, architectural design and distribution areas, Permission for use – Act Form 16 and others must be submitted.
  1. Other documents depending on the specific features of the transaction of sale. Considering the variety of documents, it is recommended that they be duly verified by the real estate lawyer. He or she has to be a specialist in the field of buying and selling real estate.

List of Required Documents for Selling Real Estate – Part 2

In the previous article we have pointed at the three main documents which selling real estate would be impossible without. They are as follows: a document certifying your rights of ownership, certificate of a property tax assessment and a certificate of marital status of the owner(s). Here you will find more useful information to facilitate the preparation of the necessary documents with. However, remember that you can always rely on legal help and support of our real estate lawyers. International Law Office D. Vladimirov and Partners is one of the most reputable law firms in Bulgaria. We are proud of our team of professionals, each member of which is a competent real estate lawyer devoted entirely to the work by helping society.

Lease Agreement Lawyer

Lease Agreement Lawyer

Here are the other documents which are of great importance for selling real estate:

  1. Marriage Certificate, in the case that the seller – the owner of the property – is married. The certificate is to be provided only in person to the one who had declared its issuance.
  1. In the event that the property is not acquired during the marriage, it is not MPC (Matrimonial Property Community). This means that the spouse is the only owner of the property. Note that if the property is the registered with the other spouse’s address, there is a need of filling in declaration, under Article 26 of the Family Code. The same rule applies to property acquired by inheritance, donation or through other legal means that do not represent MPC.

  1. If the property has got established right for use, to sell it, the user must abandon the real right settled in his favor. The refusal shall be carried out with a declaration on the waiver of use. The declaration is to be signed in front of a notary and entered into the Registry Office.
  2. In the event that over the property had been carried out a partition, the document necessary can be either an agreement or judgment duly entered into the Registry Agency.

What else…

  1. Property sketch, when transferring a land (land, yard or part of the yard built on the property/apartment). It is issued by the technical service of the region at the municipality where the real estate is located in. It is valid for 6 months from the date of issue.
  2. Certificate of Inheritance or Death Certificate of the ancestor.
  3. If the owner(s) of the property is divorced, the court judgment for the dissolution of the marriage in divorce has to be presented.
  4. In special cases, additional documents are required for tracing the history of the property, in order to firmly and clearly proving ownership.

Selling Real Estate – other documents

  1. Encumbrances Certificate of the property – issued by the Registry Agency, applies to all documents of ownership in heritage, as well as certificates of inheritance. If the property includes land or parts of the land, a sketch of the property also must be applied. If the sale of real estate is regulated by the cadastral map, the sketch /scheme is issued by GCCA*

*Geodesy, Cartography and Cadastre Agency. If the property is located in a city which is not regulated by the cadastral map, then sketch is issued by the technical service at the municipality.

  1. When the seller physically is not able personally to present the transaction for the sale, he/she is entitled to authorise a third party. That can be done by a notarised by him/her Power of Attorney. That document explicitly describes the representative rights which the principal gives the authorised person. The Power of Attorney must enclose a notarised declaration under Art. 25, paragraph 7 of the Notaries and Notarial Practice Act (NNPA), and a declaration under Art. 264, paragraph 1 of the Tax-Insurance Procedure Code (TIPC). This person may be your real estate lawyer.
  1. Identity document, other documents individualizing the buyer and the seller.
  1. In case of a sale of real estate in a newly constructed building, relevant documents from the builder/investor as: building permit, architectural design and distribution areas, Permission for use – Act Form 16 and others must be submitted.
  1. Other documents depending on the specific features of the transaction of sale. Considering the variety of documents, it is recommended that they be duly verified by the real estate lawyer. He or she has to be a specialist in the field of buying and selling real estate.

How to Protect Ourselves Against Illegal Actions of the Lessor?

Illegal actions of a Lessor

Illegal actions of a Lessor

What about illegal actions of the lessor? In lots of cases when there is a lease purchase agreement for a vehicle, in a certain time the lessee stops paying. For this reason, the most common guarantee for collection of these contributions is a promissory note. It is being signed between the lessor and lessee. With its help, the lessor is secured with a relatively easy and fast collection of outstanding receivables. But how the lessee can protect himself/herself against issuance of a promissory note of a non-existent debt? Our competent lease agreement lawyer will help you in this unpleasant situation.

First, you should know that there is a possibility the promissory note to be based on non-existent debt. If it is proved, then your obligation to pay the amount due under the promissory note gets invalid. If you find yourself in this situation, seek help from a lease agreement lawyer.

A competent lease agreement lawyer will emphasize you on the exact moment when you have to exercise your rights of defense. This moment is receiving the invitation for voluntary enforcement (voluntary compliance). That document should contain the date when you receive it. Another detail is the person who had received it and the signature of that person. If the invitation is not received by you yourself but by your husband/wife/mother/father, etc., this information is to be entered in the invitation for voluntary enforcement, too.

Why is this information so important?

This information is very important because you can exercise your protection right by filling an objection to the District Court issued an enforcement warrant within 14 days of receiving the notice of voluntary enforcement (voluntary compliance). If you miss this deadline, your right to dispute the enforcement order lapses. The best advice we can give you is the following: once you have received a formal notice, do seek for a help from an experienced lease agreement lawyer. In our office you will have the unique opportunity to work with some of the best lawyers in this field.

Lease agreement lawyer from International Law Office D.Vladimirov & Partners will explain that the lessor may contest the validity in two ways – either, by contesting the grounds on which the promissory note is based on, or by contesting the amount of the debt, in the 14-days deadline from receipt of invitation for voluntary enforcement (voluntary compliance). If you meet the deadline for filling objections and submit it to the district court, the creditor has got the right to bring an application to demonstrate the existence of his claim. In judicial proceedings must be established whether the amounts that creditor claims are legally charged and whether he is entitled to them.

As a Final

If a competent lease agreement lawyer proves that accrued penalty lease prejudices moral, it will be declared as null and void. The penalty prejudices moral when its amount is greater than the amount due, as this leads to unfounded enrichment of the lessor. This means it does not have any legal effect. Therefore, you will not be obliged to pay this penalty equal to the outstanding lease payments over the remaining term of the contract, as lessor has rescinded lease and has received back the vehicle. Equally irrelevant is the fact that you have been issued a promissory note in favor of the lessor for a specific amount. In order to eliminate this obligation to pay, do not miss the deadline for filing objections.

Before you sign a lease, you need to be preliminary well-informed. Do consult our specialist  who will help you make this decision consciously and confidently.

 

How to Protect Ourselves Against Illegal Actions of the Lessor?

Illegal actions of a Lessor

Illegal actions of a Lessor

What about illegal actions of the lessor? In lots of cases when there is a lease purchase agreement for a vehicle, in a certain time the lessee stops paying. For this reason, the most common guarantee for collection of these contributions is a promissory note. It is being signed between the lessor and lessee. With its help, the lessor is secured with a relatively easy and fast collection of outstanding receivables. But how the lessee can protect himself/herself against issuance of a promissory note of a non-existent debt? Our competent lease agreement lawyer will help you in this unpleasant situation.

First, you should know that there is a possibility the promissory note to be based on non-existent debt. If it is proved, then your obligation to pay the amount due under the promissory note gets invalid. If you find yourself in this situation, seek help from a lease agreement lawyer.

A competent lease agreement lawyer will emphasize you on the exact moment when you have to exercise your rights of defense. This moment is receiving the invitation for voluntary enforcement (voluntary compliance). That document should contain the date when you receive it. Another detail is the person who had received it and the signature of that person. If the invitation is not received by you yourself but by your husband/wife/mother/father, etc., this information is to be entered in the invitation for voluntary enforcement, too.

Why is this information so important?

This information is very important because you can exercise your protection right by filling an objection to the District Court issued an enforcement warrant within 14 days of receiving the notice of voluntary enforcement (voluntary compliance). If you miss this deadline, your right to dispute the enforcement order lapses. The best advice we can give you is the following: once you have received a formal notice, do seek for a help from an experienced lease agreement lawyer. In our office you will have the unique opportunity to work with some of the best lawyers in this field.

Lease agreement lawyer from International Law Office D.Vladimirov & Partners will explain that the lessor may contest the validity in two ways – either, by contesting the grounds on which the promissory note is based on, or by contesting the amount of the debt, in the 14-days deadline from receipt of invitation for voluntary enforcement (voluntary compliance). If you meet the deadline for filling objections and submit it to the district court, the creditor has got the right to bring an application to demonstrate the existence of his claim. In judicial proceedings must be established whether the amounts that creditor claims are legally charged and whether he is entitled to them.

As a Final

If a competent lease agreement lawyer proves that accrued penalty lease prejudices moral, it will be declared as null and void. The penalty prejudices moral when its amount is greater than the amount due, as this leads to unfounded enrichment of the lessor. This means it does not have any legal effect. Therefore, you will not be obliged to pay this penalty equal to the outstanding lease payments over the remaining term of the contract, as lessor has rescinded lease and has received back the vehicle. Equally irrelevant is the fact that you have been issued a promissory note in favor of the lessor for a specific amount. In order to eliminate this obligation to pay, do not miss the deadline for filing objections.

Before you sign a lease, you need to be preliminary well-informed. Do consult our specialist  who will help you make this decision consciously and confidently.