Непознаването на закона не е извинение.
(Латинска сентенция)

Frequently Asked Questions (FAQ)

1. What should I do if a debt collector is harassing me with phone calls?
You can file a complaint with the Consumer Protection Commission (CPC) and report to the police/prosecutor’s office if the calls contain threats or extortion.

2. Can a debt collector sue me in an arbitration court?
No. According to Art. 19, para. 1 of the Civil Procedure Code (CPC), arbitration is not allowed when one of the parties is a consumer. Arbitration awards against consumers are null and void.

3. How can I check if there is an enforcement case against me?
By requesting information from a bailiff or through the Unified Information System of Bailiffs (EISPP). Since 01.05.2023, the fee for such a check is BGN 24 (incl. VAT).

4. When is a debt extinguished by limitation (statute of limitations)?
The general limitation period is 5 years (Art. 110 of the Obligations and Contracts Act), and 3 years for rent, interest, and periodic payments (Art. 111). The court applies limitation only if the debtor expressly raises it.

5. Can the actions of a bailiff be appealed?
Yes. Under Art. 435 CPC, the debtor may appeal actions such as seizure, inventory, attachment, or refusal to lift a measure within one week before the regional (district) court.

6. Can debt collectors freeze my bank accounts?
Not directly. Only a bailiff can impose a freeze based on an enforceable writ of execution. Collectors themselves have no such powers.

7. Which incomes are exempt from seizure?
According to Art. 444 CPC – social benefits, disability pensions, child allowances, alimony, and part of wages are non-attachable.

8. What should I do if a collector processes my personal data without consent?
You can file a complaint with the Commission for Personal Data Protection (CPDP) – Sofia, Prof. Tsvetan Lazarov Blvd. 2, or online at cpdp.bg.

9. What does “natural obligation” mean when the limitation period has expired?
After the limitation period expires, the debt remains a moral obligation but cannot be enforced through court. If you still pay voluntarily, the amount cannot be reclaimed.

10. Do I need a lawyer in a dispute with a collector?
It is highly recommended. Deadlines for appeals are short, and a lawyer specializing in enforcement proceedings can protect your rights and save you money.

For legal advice on credit agreements, assigned debts, guarantees and defence against debt claims, you can contact Tomovi Law Firm.

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