When enforcement proceedings lapse because the creditor has not requested enforcement action

Under Article 433(1), point 8, of the Bulgarian Code of Civil Procedure, enforcement proceedings terminate if the enforcing creditor does not request enforcement action for two years. Maintenance cases are excepted. The provision applies where the creditor has requested no enforcement action at all for that two-year period. Proceedings lapse by operation of law (a consequence known in Bulgarian law as “peremption”). Once the enforcement officer establishes the relevant facts, the officer can only issue an order declaring a termination that has already occurred. The period under Article 433(1), point 8, runs from the last enforcement act taken by the enforcement officer; it also runs afresh from each request by the creditor for an act forming part of a statutory method of enforcement.

Point 10 of Interpretative Decision No. 2 of 26.06.2015 of the Supreme Court of Cassation in interpretative case No. 2/2013 treats steps taken within a particular method of enforcement as enforcement acts, whether requested by the creditor or initiated by a private enforcement officer acting under the creditor’s mandate under Article 18(1) of the Private Enforcement Officers Act. Examples include directing enforcement against assets by attachment or a registered restraint on immovable property; joining a creditor to the proceedings; assigning a claim for collection or in lieu of payment; taking an inventory and valuing an asset; appointing a custodian; and scheduling and conducting a sale. By contrast, opening an enforcement file, sending and serving an invitation for voluntary payment, investigating the debtor’s assets, making enquiries, obtaining documents or papers, appointing an expert to calculate the outstanding balance, drawing up a distribution of proceeds and making payments under a final distribution are not enforcement acts.

If you need advice about enforcement proceedings, recovery of a debt or protection against action taken by an enforcement officer, 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.