Article 43 of the Bulgarian Code of Civil Procedure lists the methods of serving notices and summonses in civil proceedings. One method, first introduced by the present Code, is to affix a notice to the door or letterbox or, if neither is accessible, to the entrance door of the building or a prominent place nearby. Under Article 47(1), this method is used where the defendant cannot be found at the address given in the case and no one there agrees to accept the notice. Article 50(4) expressly provides for service by affixing a notice on traders and legal entities as well. In their case, the special conditions in Article 50(4), rather than the general conditions in Article 47(1), apply: access to the trader\u2019s office cannot be obtained or no one is found who agrees to accept the notice. This provision implies that service by affixing a notice is used only if the trader or legal entity actually operates at the registered management address to which the summons or notice was sent. Only then can there be an office with staff, so that affixing a notice serves a purpose if the office is inaccessible or staff decline to accept the summons. If the trader no longer occupies the premises at the registered address, as the absence of any sign of an office may indicate, affixing a notice cannot serve its purpose of informing the trader about the summons or notice. In that situation Article 50(2) applies, under which the papers are deemed duly served.<\/p>\n
Nor can Article 50(3) be applied by analogy to require the names of the people who reported that the trader had left the address. That provision requires the name and position of the employee or worker at the office of the trader or legal entity to be recorded where an office was found, it was staffed and the staff member agreed to accept the papers or notices.<\/p>\n
If you have questions about court papers, a civil or commercial case, or documents used in court, consult a lawyer experienced in litigation. If you have received a statement of claim or a summons to appear in court, consult an experienced lawyer without delay about your rights and the steps you need to take to protect your interests.
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