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Author: Accord Legal Scribe Solutions
Index
1. What is an enforcement proceeding?
2. What is a private judicial executor (PJE)?
3. Who can be a creditor?
4. What are the rights of the debtor?
5. How can Accord assist you?
1. What is an enforcement proceeding?
Enforcement proceedings are an independent legal process through which a recognized but unfulfilled right is enforced. After a court decision or another act in favor of the creditor, an enforcement order is issued, based on which an enforcement proceeding can be initiated before a private judicial executor (PJE).
The PJE undertakes actions such as:
1.1 Investigating the debtor’s property status.
1.2 Imposing attachments, seizures, and other precautionary measures.
1.3 Sale of property.
1.4 Delivery of movable property, real estate, child*, and others in the case of non-monetary claims.
** “Delivery of a child in non-monetary claims” refers to the enforcement of a court decision regarding parental rights or personal relations with a child (in cases of divorce or parental disputes).
Essentially, this means that the court has issued a decision determining:
A) Which parent exercises full parental rights.
B) The regime of personal relations (visitation) between the child and the other parent.
C) Orders the delivery of the child to the parent with awarded rights, in cases of unlawful retention or change of residence.
During the enforcement of such a decision, the PJE does not act independently. The action is always conducted in the presence of a social worker, often with police officers present. The key priorities are the child’s safety, compliance with the law, and conducting the procedure without violence or trauma.
2. What is a private judicial executor (PJE)?
A PJE is a natural person with public functions, to whom the state entrusts the collection of private (and, in certain cases, public) claims. They are not judges and do not issue rulings but enforce already recognized obligations. A PJE is an independent authority in the enforcement process, whose main purpose is to ensure the implementation of issued court decisions. The PJE does not take sides between creditor and debtor; their function is that of a mediator.
For their work, PJEs receive compensation in the form of standard and proportional fees, according to the Fee Tariff under the Law on Private Judicial Executors.
2.1 Main powers:
The private judicial executor has the following powers:
– To initiate enforcement proceedings based on an enforcement order or other enforcement document;
– To impose attachments and seizures on property, bank accounts, wages, company shares, pensions;
– To inventory and sell movable and immovable property at public auction;
– To transfer possession or holding of properties and items;
– To introduce a new owner into possession after a court decision or sale;
– To undertake actions in non-monetary claims;
– To take precautionary measures in case of risk of concealment or transfer of property.
PJEs bear personal property and disciplinary responsibility for their actions. A PJE may not exceed their powers, violate personal integrity, or act without legal basis. Any action may be appealed in court under Articles 435–438 of the Civil Procedure Code (CPC).
3. Who can be a creditor?
The creditor, also known as the claimant, is the person in whose favor a recognized and enforceable claim exists—whether monetary or non-monetary. They are a party in the enforcement process and have the right to initiate compulsory enforcement through a private or state judicial executor.
A claimant can be any person—natural or legal—who holds an enforcement title confirming their right.
Informative table:
| Legal Entities | Example |
| Natural person | Citizen awarded a sum, property, or parental rights by court. |
| Legal entity | Company awarded payment under a contract, penalty, or compensation. |
| State authority or municipality | Public claims as defined by law. |
| Bank or credit institution | For unpaid loans, after issuance of an enforcement order. |
| Insurance company | Recovery of paid compensations from the liable party. |
| Employee or worker | For court-ordered unpaid wages. |
The creditor’s right to request enforcement arises from an enforcement title, which may be:
– An enforcement order issued by the court;
– Court decision enforceable by law;
– Enforcement writ under Articles 410 and 417 CPC;
– Administrative offense determination (AOA) under Article 42 of the Administrative Violations Act.
The claimant has the right to:
– Specify the methods of enforcement (attachment, seizure, inventory, etc.);
– Delegate the choice of PJE according to Article 18 of the Law on Private Judicial Executors (LPJE).
Only a person holding a legally enforceable or enforceable document can be a claimant. The PJE may not initiate enforcement proceedings without such documents.
Inheritance and transfer of claims
In the event of the creditor’s death, heirs may continue the proceedings as claimants. In certain cases, claims may also be transferred (cession) to another person replacing the original creditor in the enforcement proceeding.
4. What are the rights of the debtor?
The debtor is the person against whom enforcement proceedings have been initiated based on a court act, enforcement order, or other document recognized by law. Although a party against whom enforcement actions are taken, the debtor has legal rights protecting their dignity, property, and procedural interests.
Every debtor has the right to information and protection:
4.1 Right to notification (guaranteed under Articles 428 and 429 CPC – enforcement actions are null without proper notice):
– Initiation of enforcement proceedings;
– Access to and copy of the enforcement order and its content;
– Measures taken (attachment, seizure, inventory, etc.);
– Invitation and deadline for voluntary compliance – two-week term for voluntary payment (VP).
NB! The proceeding may start and end without personal notification if you are unreachable or refuse service.
4.2 Right to appeal – the debtor may appeal actions of the PJE under Articles 435–438 CPC. The appeal is filed within two weeks of learning of the action and is reviewed by the PJE at the district court.
4.3 Right to installment or deferral – under certain conditions, the debtor may request installment (partial execution) or deferral (temporary postponement) for payment.
4.4 Right to protection of exempt property
Under Article 444 CPC, certain items and income are exempt from enforcement to guarantee a minimum standard of living. The PJE may not inventory, withhold, or sell:
– The debtor’s only residence (if not mortgaged);
– Essential personal items;
– Minimum portion of wages or minimum salary;
– Social assistance and child benefits.
4.5 Right to participation and termination
The debtor has the full right to participate and cooperate in enforcement proceedings by:
– Being present during inventory and valuation of property;
– Proposing methods of execution (voluntary sale);
– Exercising preemption rights;
– Nullifying the enforcement order.
The debtor has the right to terminate the proceedings upon request in the following cases:
– The obligation is fully settled;
– The creditor withdraws the enforcement request;
– The enforcement title is revoked by the court.
5. How can Accord assist you?
Accord Legal Scribe Solutions offers expert legal consultation and full client services for:
– Ongoing and future enforcement proceedings;
– Rights and obligations;
– Protection and negotiation;
– Mediation options.
Timely familiarization with your case provides opportunities for protection and negotiating favorable terms.
Contact us for information on enforcement proceedings, attachments, or seizures at office@accordlegal.bg and +359 888 688 868 or via our contact form.
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