Challenging unlawful compulsory enforcement

A court ruling on a challenge to an enforcement officer’s acts has legal effects that do not amount to res judicata on the underlying claim. Proceedings under Articles 435–438 of the Bulgarian Code of Civil Procedure provide a procedural remedy against unlawful enforcement. They concern an unlawful act by the enforcement officer or a refusal to act. These are contentious judicial proceedings between two parties: the issue is whether the enforcement officer’s act was valid or whether the officer had a duty to take the step requested by the complainant. The district court exercises powers of review and annulment, examining the lawfulness of the enforcement officer’s act or refusal. In deciding a dispute under Article 435 of the Code, the court resolves the procedural question of the validity of the officer’s acts. Its decision concerns the specific act or refusal challenged.

In proceedings under Articles 435–438 the court acts as a supervisory body rather than as a court of appeal rehearing the case. It may set aside an unlawful act but cannot itself carry out the valid enforcement act that should have been taken. The only exception referred to here is in Article 463(1) of the Code. The private enforcement officer must therefore comply with the court’s decision. If the officer fails to do so, the new act may itself be challenged, and the officer is subject to disciplinary liability.

If you need legal advice concerning an enforcement case, consult a lawyer.

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