Exemption from costs in an enforcement case

Exemption from costs in an enforcement case

 

Without wanting to hit a car in the parking lot and condemned me to pay for her repair. Besides, I have to pay the costs of the case. I want or not, I will pay a fee to both my lawyer and the lawyer of the other party. I already know what to do when I get a call for voluntary performance. But that means more obligations. What now?

 

How much will enforcement cost me?

In each enforcement case, different collection methods are used, with a charge for each action. As with notaries and bailiffs, there are charges that are collected on the basis of material interest. There are also ones that are fixed in a solid size. The most common costs in enforcement cases, the first three being mandatory, are the following:

 

Formation of the enforcement case - BGN 20;

delivery of the call for voluntary performance - BGN 20;

sending a message to the NRA by which the bailiff invites the state to join the initiated enforcement - BGN 20;

investigation of my property status, if the creditor requests it - 50 BGN;

I must not forget that I also owe interest on the amount for which I have been convicted!

attorneys' fees - 350 leva, and maybe more (200 leva per formation and at least 150 leva per representation in the enforcement case)

Can not I save the costs of the enforcement proceedings?

Once an enforcement case has been instituted, I will have to pay all costs on it. However, this increases my obligation. So I may have to pay 500 leva, even if the writ of execution is for 200 leva. If there is an enforcement action against me, but I consider some of the actions of the bailiff to be illegal, I will be able to bring a separate case to court. But it means more time, anger, and expenses if I lose it.

 

 

 

Okay, can not I just pay that 200 leva? I can, but I have to be very quick and careful! An enforcement action is brought against such debtors who are late in paying or indicating they do not intend to do so. There are two cases in the law where I will not be responsible for the costs of the enforcement proceedings. They are if:

 

I have not given cause to the creditor (this is the person who has convicted me, has obtained a writ of execution and has initiated an enforcement case) to institute an enforcement case, for example, when I have paid my debt before the execution of the enforcement action;

enforcement actions are abandoned (for example, if the creditor does not request enforcement action for two years) by the creditor or be revoked by the court.

What should I do?

It is important for me to perform before the enforcement action is initiated. Whether the person who condemned me will cooperate or not - it does not matter. For this purpose, I need to check when the court decision enters into force. From now on, the other party may now demand the issuing of a writ of execution. It is good to look for my creditor and try to figure out how to pay him. However, he may not be able to cooperate with me, because he wants to charge me with additional duties for the enforcement case. I can counteract the following few ways:

 

if I have a bank account with the creditor - I would transfer the money to him, as a reason in the payment order I have to write "payment in Case №", as well as inform him that I have paid;

I can use the postal services by transferring the money through the postage with a delivery notification;

I can send my creditor a notary invitation to request his or her bank account or invite him to come to the notary at a particular day and time to pay him.

When will my payment be released from the costs of enforcement?

I received a call for voluntary performance, but I have already paid in any of the above ways before the execution of the lawsuit. I have to give evidence to the bailiff (for example, a receipt from the lender that I paid him, a receipt from the post office, a letter, a payment order from the bank or some other similar document) that I have fulfilled my obligation. He is required to verify that I have made the payment before receiving the application for the execution of the enforcement action. It is precisely this time that I have to overcome to save my enforcement costs. If I have succeeded, the bailiff must cease the case and lift all the foreclosures and seizures. If, however, the bailiff continues to act on the case, certain rights arise for me in unlawful enforcement.

 

IMPORTANT! If I receive a call for voluntary execution by a state enforcement agent and I pay in due time, I will save my collection fee.