A default judgment that has become final

Remedies against a final default judgment

Article 240(1) of the Bulgarian Code of Civil Procedure provides an extraordinary procedure for setting aside a final default judgment outside the ordinary appeals process. Article 240(2) and (3) provides a separate remedy: a fresh action concerning the same right if certain conditions are met. Under Article 240(1), the party against whom the default judgment was given may apply to the appellate court to have it set aside within one month of service. The provision lists three exhaustive grounds for this extraordinary remedy. The article discusses them in the context of first-instance proceedings in which the party was deprived of the opportunity to participate: 1. The copy of the statement of claim or the summons to the hearing was not duly served. 2. Because of exceptional, unforeseen circumstances, the party could not learn in time that the copy of the statement of claim or the summons to the hearing had been served. 3. Because of exceptional, unforeseen circumstances that the party could not overcome, it could not appear in person or through a representative. In the case discussed here, the party relies on the first ground: neither the copy of the statement of claim nor the summonses to the hearing were duly served.

In proceedings under Article 240(1), the appellate court does not hear the merits of the dispute. It decides only whether the arguments raised by the party establish one of the statutory grounds that deprived it of the opportunity to participate in the proceedings.

This article does not constitute a legal opinion or advice concerning a particular situation or person. For assistance with a specific case, consult a lawyer who practises civil law.