If an European order for payment, issued by a Bulgarian court, have been served to you please contact us for information about which are the immediate steps you should take.
We also provide legal assistance for clients who want to apply for European order for payment or enforce such at competent Bulgarian courts.
The procedure for a European order for payment was introduced by Regulation (EC) № 1896/2006 of the European Parliament and the Council. It should provide individuals and legal entities quickly to claim their uncontested pecuniary claims. European payment order takes effect after the successful conduct of the proceedings. It is recognized and enforced in all Member States except Denmark, without the need for a declaration of enforceability. By thus reducing the costs associated with the traditional procedure of exequatura, and reduces the length of the proceedings.
What types of clames are eligible?
The procedure can be applied to claims in civil and commercial matters where at least one of the parties is domiciled or habitually resident in a Member State other than that of the creditor. Outside the scope of the Regulation are matters of revenue, customs or administrative matters or the liability of the State for acts and omissions in the exercise of State authority (acta iure imperii).
How to obtain a European Order for Payment?
The application for a European order for payment shall be made on a standard form, should contain all the data under Article 7 of the Regulation. In the event that the debtor has fallen into arrears, it is possible unless the primary duty be brought and interest, as well as pre-trial costs for legal services. The competent court shall examine whether the application meets the requirement of content and form, and under certain conditions provide the claimant the opportunity to complete the application in the event that it is incomplete or missing mandatory requisites. When all formal requirements and unless the claim is clearly unfounded, the court shall issue a European order for payment normally within 30 days of submission of the application. Otherwise, the application is dismissed and the decision can not be appealed.
What is a European order for payment?
European order for payment may be served on the defendant or his representative with or without a receipt, as well as by mail or electronically. In the European order for payment, the defendant shall be informed of the following options:
– to pay the plaintiff the amount specified in the order,
-to lodge an objection against the European order for payment, which must be lodged within 30 days after service of the order.
If the defendant files an objection, the proceedings shall continue before the competent courts of the Member State of origin in accordance with the rules of ordinary civil procedure. The plaintiff may then explicitly request that the proceedings be terminated. If within the provided deadline is not lodged an objection against the European order for payment using a standard form, the same court will declare it enforceable. The court will sent the applicant the enforceable European order for payment with which it can initiate enforcement in the Member State in which the defendant is resided.
How to enforce the European order for payment in Bulgaria?
In Bulgaria the application for a European order for payment shall be submitted to the competent district court (art. 625 CCP), namely before the court of domicile of the debtor, at its registered address or office. Under the same conditions as an application for issuance of a writen of execution on the basis of a European order for payment.
Statement of opposition
The default judgment procedure only becomes available as a result of the defendant’s failure to defend or acknowledge the claim in the time required (see above). If the defendant defends the claim then the case proceeds as a normal defended claim. If a defendant wishes to have an order for default judgment canceled or changed after it has been granted he or she must act promptly to apply to the court to have the judgment set aside or varied. The court can vary or cancel the default judgment if it considers that there is good reason for doing so or that the defendant has a real prospect of successfully defending the case.
Effect of statement of opposition
If the defendant lodges a defense to the claim within the required time the case proceeds as a normal contested claim and a trial case will be held before the court.