Applying for an order for payment does not interrupt the limitation period

Lawyer Mihail Tomov | Varna

Order-for-payment proceedings do not themselves interrupt the limitation period. It is interrupted by bringing an action to establish the existence of the claim. Under Article 422(1) of the Bulgarian Code of Civil Procedure, that action is deemed to have been brought when the application for the order was filed. The provision therefore relates the action back to the date of the application, but only if the action is brought within the time limit under Article 415(4). If no action is brought, or it is brought after that time limit, the application is not deemed to have interrupted the limitation period. This is also explained in Interpretative Judgment No. 2 of 26.06.2015 in interpretative case No. 2/2013 of the General Assembly of the Civil and Commercial Colleges of the Supreme Court of Cassation.

Limitation requires inaction by the right holder for the statutory period and a duly raised limitation defence by the obligor. It always concerns a specific substantive right for which the right to sue or to seek enforcement becomes time-barred. The general five-year period under Article 110 of the Obligations and Contracts Act applies where the law sets no special limitation period.

This article is not a legal opinion or advice on a particular situation or person. For legal assistance in a similar case, consult a civil lawyer specialising in enforcement. This article is not a legal opinion or advice on a particular situation or person, and the author makes no claim to cover order-for-payment proceedings exhaustively. For legal assistance in a similar case, consult a lawyer who practises in enforcement proceedings.