Appealing an enforcement officer’s actions

The Bulgarian Code of Civil Procedure of 2007 restricts appeals against the acts of a public or private enforcement officer to the acts expressly listed, the persons entitled to appeal and the grounds specified by statute. The provisions on challenging acts or refusals may therefore not be extended by analogy. Under Article 435(2), in the version published in State Gazette No. 100 of 2010, the debtor could challenge an order imposing a fine; enforcement directed against property the debtor considered exempt from seizure; seizure of a movable item or eviction from a property on the ground that the debtor had not been duly notified of enforcement; and the order on costs. The amendment to Article 435(2) published in State Gazette No. 86 of 2017 expanded the list. The debtor could also appeal the officer’s refusal to carry out a fresh valuation under Articles 468(4) and 485, the appointment of a third party as custodian, and the officer’s refusal to suspend, terminate or conclude enforcement.

The appeal is addressed to the competent district court (окръжен съд) and filed through the enforcement officer.

This article is not a legal opinion or advice on any particular situation or person. For assistance in a similar case, consult a civil lawyer specialising in enforcement proceedings.