{"id":441,"date":"2017-08-21T13:35:56","date_gmt":"2017-08-21T10:35:56","guid":{"rendered":"http:\/\/tomovi.org\/?p=441"},"modified":"2026-11-10T19:31:22","modified_gmt":"2026-11-10T17:31:22","slug":"%d0%b7%d0%b0%d0%bf%d0%be%d0%b2%d0%b5%d0%b4-%d0%b7%d0%b0-%d0%b8%d0%b7%d0%bf%d1%8a%d0%bb%d0%bd%d0%b5%d0%bd%d0%b8%d0%b5-%d1%81%d1%8a%d0%b3%d0%bb-%d1%87%d0%bb-410-%d0%b3%d0%bf%d0%ba-%d0%b2%d1%8a%d0%b7","status":"publish","type":"post","link":"https:\/\/tomovi.org\/en\/%d0%b7%d0%b0%d0%bf%d0%be%d0%b2%d0%b5%d0%b4-%d0%b7%d0%b0-%d0%b8%d0%b7%d0%bf%d1%8a%d0%bb%d0%bd%d0%b5%d0%bd%d0%b8%d0%b5-%d1%81%d1%8a%d0%b3%d0%bb-%d1%87%d0%bb-410-%d0%b3%d0%bf%d0%ba-%d0%b2%d1%8a%d0%b7\/","title":{"rendered":"Payment order under Article 410 of the Code of Civil Procedure: objections and time limits"},"content":{"rendered":"

Archive article. The time limits and procedural rules below reflect the Bulgarian original. For a payment order served today, check the applicable version of the Code of Civil Procedure, particularly Article 414(2).<\/em><\/p>\n

Issuing a payment order in favour of a creditor. The debtor\u2019s objection: procedure and time limits<\/strong><\/p>\n

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A payment order is issued on application under Article 410 of the Code of Civil Procedure. The application may concern:<\/p>\n

\u2013 a claim for a sum of money or for fungible goods, where the claim falls within the jurisdiction of a district court (rayonen sad). There is no requirement that the value of the claim be no more than BGN 25,000.<\/p>\n

The article notes that there are no payment order proceedings in commercial cases: it states that all such claims fall within the subject-matter jurisdiction of a regional court (okrazhen sad) under the special procedure for commercial cases.<\/p>\n

\u2013 delivery of movable property which the debtor received subject to an obligation to return it, which is encumbered by a pledge, or which the debtor transferred subject to an obligation to deliver possession, where the claim falls within the jurisdiction of a district court.<\/p>\n

The application is filed with the district court for the debtor\u2019s permanent address (or registered office) or for the place of performance. The legislature did not require applicants to attach evidence establishing their claims: they could do so but were not obliged to. It was sufficient for the applicant to assert that the claim existed and for the application to meet the formal requirements for a statement of claim. The purpose of payment order proceedings is to establish whether the claim is disputed.<\/p>\n

Under Article 411(3) of the Code of Civil Procedure, if the court grants the application, it issues a payment order and a copy is served on the debtor. This explains the legislature\u2019s decision that the payment order is not subject to appeal: an objection by the debtor suffices. Under the rules described in the original, the debtor had two weeks from receipt of the order to lodge a written objection. The law expressly provided that the debtor need not state reasons for the objection.<\/p>\n

If an objection is filed in time, the court instructs the creditor who applied for the order to bring an action on the claim within one month and pay the balance of the court fee. In this way, the payment order proceedings form part of the proceedings on the claim. If the applicant fails to provide proof that the action was brought in time, the court sets the payment order aside, either in full or to the extent that no action was brought. If the order was immediately enforceable and a writ of execution was issued, the court also sets aside the writ.<\/p>\n

If you have received a payment order, it is advisable to consult a qualified lawyer who can provide legal assistance and advise you on how best to protect your rights.<\/p>\n

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