An order for payment lets a creditor obtain a writ of execution quickly, without a full lawsuit. You have one month to object; if you do not, the order becomes final. We explain what to do.
In brief
- An objection to an order for payment must be filed within one month of service, and this period cannot be extended (Art. 414(2) of the Civil Procedure Code).
- The objection need not give reasons: it is enough to state that you do not owe the amount, in whole or in part (Art. 414(1) CPC). It can be filed at any district court or electronically.
- After an objection, the creditor must bring a court claim within one month, otherwise the court annuls the order (Art. 415(4) and (5) CPC).
- For an order under Article 417(1)(1)–(9) CPC (for example, based on a bank's accounting records, a notarial deed or a mortgage), an objection alone does not stop enforcement, but you can apply for a stay (Art. 420 CPC). Where the order is based on a promissory note, a bill of exchange or a similar instrument (item 10), an objection filed in time does stop enforcement.
Order-for-payment proceedings let a creditor collect an undisputed claim quickly without a lawsuit. The court does not hear the debtor and does not check whether the money is really owed: it only checks the application and any documents the creditor files. For that reason the law gives the debtor a simple way to stop the procedure: the objection. This guide explains what the order means, what to do when you receive it and what happens if you do nothing.
The two kinds of order
An order for payment under Article 410 CPC is issued for claims for sums of money or fungible goods, and for the handing over of a movable thing in the cases listed in the law, where the claim falls within the district court's jurisdiction (Art. 410(1) CPC). The creditor files an application, and the court issues the order within three days if the application is in order (Art. 411(2) CPC). A writ of execution is issued only once the order becomes final.
An order for immediate enforcement under Article 417 CPC is issued regardless of the amount, where the claim is based on a document listed in the law. These include an extract from a bank's accounting records together with the contract and general terms, a notarial deed or a contract with notarised signatures, a pledge or mortgage agreement, a promissory note, and records of state bodies or municipalities (Art. 417(1) CPC). In that case the court can issue a writ of execution straight away (Art. 418 CPC), and a bailiff can start enforcement before the order becomes final.
How you learn about the order
The order is served on you by the court or, in the case of immediate enforcement, by the bailiff together with a copy of the document on which it is based (Art. 418(6) CPC). It states exactly what you owe, the costs and the bank account for payment, and invites you to pay within one month (Art. 412 CPC).
If you are not found at your address, a notice is posted saying that the papers can be collected within two weeks (Art. 47 CPC). Do not ignore such a notice: if you do not collect the papers, they may be deemed served. If the process server established that you do not live at the address, the order does not become final; instead the court tells the creditor to bring a claim (Art. 415(1)(2) CPC).
The time limit and how to file the objection
The objection must be filed within one month of service of the order, and this period cannot be extended (Art. 414(2) CPC). It can be filed in writing on paper at any district court, or electronically through the Single Portal for Electronic Justice (Art. 414(3) CPC).
The objection need not give reasons (Art. 414(1) CPC). It is enough to identify the proceedings clearly (case number and court) and state that you do not owe the amount, in whole or in a specified part. If you paid within the period for voluntary payment, you can object on the ground of payment, attaching evidence (Art. 414a CPC).
If the order was issued under Article 417 CPC, within the same one-month period you can also appeal the direction for immediate enforcement, filing the appeal together with the objection (Art. 419(1) CPC). The court sets it aside, for example, where the document is not in proper form on its face or the claim is based on an unfair term in a consumer contract (Art. 419(3) CPC).
What happens after the objection
If the objection is filed in time, the court informs the creditor that it may bring a claim to establish the debt (Art. 415(1) CPC). The creditor must file that claim within one month of being notified (Art. 415(4) CPC). If it does not, the court annuls the order in whole or in part, together with any writ of execution (Art. 415(5) CPC).
If the creditor does file the claim, the dispute is heard as an ordinary case. At that stage it becomes very important what you say and prove in your reply to the statement of claim: defences such as extinction of the debt, limitation, payment or wrong calculation must be raised there.
Stopping enforcement of an Article 417 order
Where an order for immediate enforcement is based on a document under Article 417(1)(1)–(9) CPC, an objection does not stop enforcement unless you provide security for the creditor; where you are a consumer, the security is up to one third of the claim (Art. 420(1) CPC). Where it is based on a promissory note, a bill of exchange, another negotiable instrument to order or a bond (Art. 417(1)(10) CPC), an objection filed in time stops enforcement without any security.
The court can also stay enforcement without security if you apply and submit written evidence that the claim is not owed, that it is based on an unfair term in a consumer contract, or that the amount under such a contract was calculated incorrectly (Art. 420(2) CPC).
Consumer protection
Where the claim arises from a consumer contract, the creditor must attach the contract, all its annexes and the general terms to the application (Art. 410(3) CPC). The court refuses to issue the order if the claim is based on an unfair term, or if there is a reasonable probability that it is (Art. 411(2)(3) CPC). This often affects quick loans with high fees, penalties and charges for guarantors.
If you missed the deadline
If no objection is filed in time, the order becomes final and the court issues a writ of execution (Art. 416(1) CPC). The order itself cannot be appealed, except as to costs (Art. 413(1) CPC).
In exceptional cases you can file an objection with the appellate court within one month of learning of the order, if you were deprived of the opportunity to challenge it: for example, if it was not properly served, if it was not served on you personally and you were not living in Bulgaria at the time, or if special unforeseen circumstances prevented you (Art. 423(1) CPC). This objection does not by itself stop enforcement (Art. 423(2) CPC).
If you do nothing, the creditor can ask a bailiff to collect the debt: by garnishing your salary or bank accounts, or by attaching and selling property at public auction. The enforcement costs will also be charged to you.
Briefly for creditors
Order-for-payment proceedings suit cases where you do not expect the debtor to dispute the claim. Businesses, the state and state bodies, municipalities, notaries and private bailiffs, and anyone represented by a lawyer, must file applications electronically (Art. 410(5) CPC). If the debtor objects, the claim under Article 422 CPC is deemed filed on the date of the application, provided it is brought within the one-month period (Art. 422(1) CPC). See our separate guide on debt recovery for more.
You have received an order: a short checklist
- Note the date you received the order. The one-month period runs from it.
- Check who the creditor is, what amount is claimed and on what basis.
- If you do not owe the money, or owe less, file an objection in time, even without reasons.
- If the order is under Article 417 CPC, consider also appealing the direction for immediate enforcement (Art. 419 CPC) and applying for a stay (Art. 420 CPC).
- Keep all evidence of payments and your correspondence with the creditor.
- If the creditor brings a claim, reply within the time limit and raise all your defences.
- Contact a lawyer as soon as you receive the order, especially if it was issued under Article 417 CPC.
How we can help
If you have been served with an order for payment, we can check the documents and file the objection in time.
- We check whether the claim is owed and correctly calculated
- We draft and file the objection and any appeal
- We apply to stop enforcement where possible
- We defend you in the case the creditor brings after the objection