The enforcement order procedure is a method of collecting the creditor’s claims when they are undisputed, but have not been fulfilled, by providing an enforcement order. The procedure is formal – it follows a precisely defined order, provided for in the Code of Civil Procedure (CCP). This procedure is faster and cheaper than the claim procedure. Its purpose is for the creditor to satisfy his claim when it is undisputed, without having to conduct a claim process.
When is a claim “undisputed”?
The claim is considered undisputed when:
- tthe debtor has expressly agreed to it by admission or by means of a settlement; or
- the debtor has never objected to it in compliance with the relevant procedural requirements; or
- tthe debtor has not appeared or been represented at a court hearing regarding that claim after having initially objected to the claim in the course of the court proceedings; or
- the debtor has expressly agreed to it.
Application for issuance of an enforcement order
The enforcement order procedure begins with a standard application. With the latest amendments introduced in the Civil Procedure Code, the electronic form has been introduced as a general rule in the initiation and conduct of the enforcement order procedure , including all court acts issued in electronic form – an enforcement order and a writ of execution. An exception is provided only in cases where a lawyer represents traders and individuals. In this case, the application can also be submitted on paper to any district court in the country.
The newly introduced jurisdiction of enforcement order cases applies only to warrant proceedings, and about the claims initiated in connection with them under Article 422 of the Civil Procedure Code, the jurisdiction remains unchanged.
Important! When the application is submitted electronically, all subsequent procedural actions of the applicant are carried out only in electronic form, except for actions to appeal acts.
For a certain group of persons, applications may only be submitted in writing. These are:
- credit and financial institutions;
- insurance and reinsurance companies, traders who supply energy, gas or provide postal, electronic communications or water supply and sewage services;
- notaries and private bailiffs;
- state institutions and municipalities.
Issuance of an enforcement order
According to Art. 410 of the Civil Procedure Code, the applicant may request the issuance of an order for the enforcement of claims for amounts of money up to 25 thousand leva or replaceable items, as well as in the case of an obligation to deliver a movable item. The application is examined by a district judge, who checks whether it meets the requirements of Art. 410 of the Civil Procedure Code and whether:
- the request is contrary to law or good morals;
- the request is based on an unfair clause in a contract concluded with a consumer or there is a reasonable probability of this;
- the debtor does not have a permanent address or registered office on the territory of the Republic of Bulgaria;
- the debtor does not have a habitual residence or place of business on the territory of the Republic of Bulgaria.
If the application is regular and meets the requirements, the court issues an enforcement order, a copy of which is served on the debtor.
Objection or execution of the order
If the debtor does not object within one month, the enforcement order shall enter into force and a writ of execution shall be issued on its basis.
If the debtor objects to the enforcement order, the court shall then inform the applicant that he may file a claim for his claim. The claim shall be filed within one month of the notification. Where the applicant fails to file a claim within the specified period, the court shall invalidate the enforcement order.