Getting enforcement letter Bulgaria
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 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. Getting enforcement letter Bulgaria
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 of getting enforcement letter Bulgaria…
Under the current Civic code, and in particular the provisions of Art. 410 and Art. 417 CC, anyone can ask the district court to issue an enforcement order.
The order of execution is valid ground for issuing a writt of enforcement letter.
In this sense, the enforcement order replaces the judgment as such.
The purpose of this commandment is a quick, surprising and more economical process.
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 applicant must also reflect the basis on which he refers for his affection. Getting enforcement letter Bulgaria
This practice may be a contract or other documents showing that the claimant has one claim from a creditor.
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.
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.