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Assignment (Art. 99 of the Obligations and Contracts Act \u2013 OCA) is a contract by which a creditor transfers their claim to another person \u2013 the new creditor. In practice, these are often debt collection agencies that acquire debt portfolios. For the debtor, consequences arise when the new creditor is constituted as claimant in an existing enforcement proceeding.<\/p>\n
When enforcement proceedings have already been initiated and the original creditor transfers the claim, the new creditor submits the cession contract to the bailiff.
For the debtor, this does not change the amount of the debt, only the person entitled to demand payment.<\/p>\n
Every debtor has the right of access to the enforcement file. This can be done by:<\/p>\n
Request to the bailiff:<\/strong> by submitting a written application for access and copies of documents.<\/p>\n<\/li>\n Official check via the Unified Information System of Private Enforcement Agents (EISPP):<\/strong> by entering the personal number (EGN) and case number, one can obtain nationwide information on pending proceedings. Since 01.05.2023, the fee is BGN 24 (\u20ac12.27 incl. VAT), payable to the Chamber of Private Enforcement Agents.<\/p>\n<\/li>\n Through employer or bank:<\/strong> if wages or accounts are already garnished, the case is in the enforcement phase.<\/p>\n<\/li>\n<\/ul>\n The debtor may:<\/p>\n request voluntary rescheduling of payments through an agreement with the creditor (cannot be imposed unilaterally);<\/p>\n<\/li>\n object to enforcement actions affecting non-seizable assets (Art. 444 CPC);<\/p>\n<\/li>\n request suspension of enforcement if court proceedings are pending \u2013 only the court may order suspension (Art. 438 CPC);<\/p>\n<\/li>\n raise a defense of expired statute of limitations (Arts. 110\u2013111 OCA).<\/p>\n<\/li>\n<\/ul>\n Rescheduling:<\/strong> the debtor may propose a repayment plan; if the creditor agrees, an agreement is signed and filed with the bailiff. The creditor cannot be forced to accept partial payment (Art. 66 OCA).<\/p>\n<\/li>\n Reduction of garnishments:<\/strong> when wages are attached, the bailiff must observe the limits under Art. 446 CPC (up to 1\/3 or 1\/2 of wages).<\/p>\n<\/li>\n Suspension:<\/strong> filing an appeal does not automatically suspend enforcement (Art. 438, sentence 1 CPC). The court may order suspension if justified, and then the bailiff is immediately notified (Art. 438, sentence 2 CPC).<\/p>\n<\/li>\n<\/ul>\n According to Art. 435 CPC, the debtor may appeal:<\/p>\n imposition of attachment or injunction;<\/p>\n<\/li>\n inventory and valuation of property;<\/p>\n<\/li>\n order awarding sold property;<\/p>\n<\/li>\n refusal of bailiff to lift unlawful attachment.<\/p>\n<\/li>\n<\/ul>\n The appeal must be filed within 7 days from the action (if present) or from becoming aware of it. It is submitted through the bailiff, and the competent authority is the district court.<\/p>\n A client with a disability pension (TELK) had their bank account seized. After filing an appeal under Art. 435 CPC, the court ruled that the pension is non-seizable income (Art. 444, item 7 CPC). The attachment was lifted and funds restored.<\/p>\n Assignment itself is not an enforcement action, but if enforcement proceedings are ongoing, the new creditor may be constituted as claimant and continue the case. The debtor is not defenseless \u2013 they have rights to check the case, request postponement or suspension, and appeal unlawful actions of the bailiff.<\/p>\n In such cases, it is advisable to seek assistance from a lawyer specialized in enforcement proceedings and debtor protection, to avoid missing important deadlines.<\/p>\n3. What are the debtor\u2019s rights?<\/h3>\n
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4. How to request postponement, reduction, or suspension?<\/h3>\n
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5. How to appeal bailiff\u2019s actions?<\/h3>\n
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6. Example from practice<\/h3>\n
7. Conclusion<\/h3>\n