CODE OF CIVIL PROCEDURE IN BULGARIA

This article will provide guidance on the Code of Civil Procedure in Bulgaria. The legal system of Bulgaria is essentially a civil law system, with its origins in French and German law. Gradually, less and less of the Soviet legal system is being maintained. As a result, the state takes a more inquisitorial, rather than adversarial, stance when it comes to criminal law, emphasizing formality and reason.

Civil and commercial law principles govern the tangible and immaterial property rights and obligations between community members. Contractual obligations, property rights, and familial ties are all governed by this body of legislation.

The Roman legal system, as codified in the French Civil Code of 1804 and the Italian Civil Code of 1865, served as the basis for the New Bulgarian civil law, which also incorporates elements of the law from other nations.

BACKGROUND

Bulgaria's main dispute resolution methods are litigation before the national courts and arbitration. Court proceedings are adversarial, and the standard of proof depends on the type of claim. When filing the claim in first-instance proceedings, the claimant must state the evidence, and the specific facts intended to be proven and present all the written evidence.

At the first open hearing, the claimant can clarify and supplement the claim motion and point out and present evidence related to the objections raised by the defendant. The defendant can present new evidence at the hearing if it was impossible to have stated and presented it with the reply to the claim motion. The claimant cannot present evidence after the first open hearing if he/she was already in possession of, or should have known about, such evidence.

On appeal, the court of appeal rules on the validity and admissibility of the first instance judgment. The court of appeals can only rule on the issues stated in the appeal.

Large commercial disputes fall under the jurisdiction of the civil courts in Bulgaria. If a commercial dispute exceeds BGN25,000, the claim is submitted to the district court at the defendant's place of business. The district court's decision is subject to appeal to the appellate court, and the Supreme Court of Cassation may decide. Commercial disputes are heard by the commercial chambers formed at each court on a decision by the general assembly of judges. If the dispute is commercial, it is subject to different rules of procedure under the Civil Procedure Code, which allow for filing additional claim motions and responses to the claim motion.

REQUIREMENTS OF A CLAIM IN BULGARIA

If there are misexplanations or unclear facts in the claim application, or the copies are not good quality (or other pure formal things), the judge orders the court employees to send a notice to the plaintiff. This lasts up to one month, depending on how quickly the court employees will organize the sending. The next step is for the judge to order the court employees to send a copy of the claim and copies of the enclosed evidence to the defendant(s). For the court employee to apply this order into action, it usually takes a week or two because of the many cases that get such orders.

The claim copy is to be delivered to the defendant. In cases where the defendant is practically undiscoverable, an article in the Civil proceedings Code allows the court delivery person to stick a note to the company's registered address, and the summon will be valid. This is not a means commonly adopted. No process server applies it at their discretion - they wait for an explicit order from the judge.

After the claim copy has been delivered, the defendants have one month from the moment they were delivered the claim copy (this could be as long as four to five months after the judge ordered the claim copy delivery). Usually, the defendant files the answer to the claim on the last day of the

Depending on the defendant's answer, the plaintiff might or might not want to send an additional claim application. If there are new facts regarding the case or disputes about case facts, the plaintiff should send additional explanations and arguments of the case facts.

SPECIFICATIONS OF PROCESS SERVICE IN BULGARIA

Proceedings start with the filing of a claim before the court. The claim is reported to a judge who verifies the validity of the claim. If the claim motion does not meet the requirements of the Civil Procedure Code, the claimant has one week to remedy the irregularities. If the claimant fails to do so, the claim motion and attachments are returned.

Once the court has checked the validity and admissibility of the claim, the court sends a copy of it with the attachments to the defendant, instructing them to lodge a written reply within one month. If the defendant does not submit a written reply, make a statement, object, or contest the truthfulness of a submitted document within the prescribed period, they waive the opportunity to do so later.

After the court verifies the validity and admissibility of the submitted claims, the court rules on all preliminary matters and the admission of the evidence. Further, it appoints a hearing of the case in an open session. The court may also notify the parties of its draft report on the case and instruct them to undertake mediation or other means of amicable dispute settlement. An open session is then held to clarify the facts of the dispute. The claimant can clarify and supplement the claim motion and present evidence related to the objections raised by the defendant. The defendant can present new evidence if it was impossible to have stated and presented it with the reply to the claim motion.

FOREIGN JUDGEMENT ENFORCEMENT IN BULGARIA

Regulation (EC) 1393/2007 on the service in the member states of judicial and extrajudicial documents in civil or commercial matters regulates the service of process for foreign judgments. The primary instrument is the HCCH Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters 1965 and the Bulgarian Code of Private International Law.

Jurisdiction in Bulgaria for foreign judgments relies on Regulation (EU) 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Bulgaria also relies on the Lugano Convention on jurisdiction and recognizing and enforcing judgments in civil and commercial matters 2007.

The recipient's signature is required upon delivery of items sent by registered mail, including for out-of-state service. Items sent by registered mail may be delivered to a person who is a household member, has attained the age of eighteen, and lives at the specified delivery address. A signature must be provided upon receipt, and an identity document must be presented.

Suppose a postal item cannot be delivered during a visit to the address owing to the absence of the addressee or another person via whom service can be affected. In that case, a formal written notification will be left in the letterbox, requesting the addressee to appear at the post office and collect the item by a deadline specified by the postal service provider.

WHO CAN SERVE PAPERS IN BULGARIA

As per Article 42 of the Civil Procedure Codе, court officers, postal workers, the mayors of municipalities, and private bailiffs are competent to serve communications, summons, and other documents. Court officers include process servers and court registrars (in the cases where the person presents themselves at the court registry or is notified by telephone, fax, or email, with the registrar noting the person's name on the list of persons for summonsing. However, postal workers and couriers are responsible for service when the documents are served by registered mail or by courier service with acknowledgment of receipt.

The relevant delivery service's court officers and postal staff normally serve most summonses and communications. Service is usually performed on the person at the address for service as specified in the particular case. If the addressee is not found at the specified address, the communication is served at the current address and, failing that, at the permanent address.

Alternatively, substitute service is done where the communication cannot be served personally on the addressee, and the other person consents to accept it. The other person may be any adult belonging to the addressee's family or living at the address or a worker, employee, or employer at the address. The person via whom service is performed signs the acknowledgment of receipt and undertakes to hand the summons to the addressee.

The court excludes from the group of other persons who may accept the communication of those involved in the case as an opposing party, anyone with interest in the outcome of the case or expressly mentioned in a written statement by the addressee.

OUR PROCESS

Documents can be faxed at (800)-296-0115, emailed to ps@undisputedlegal.com, mailed to 590 Madison Avenue, 21 Floor, New York, New York 10022, or dropped off at any of our locations. We do require pre-payment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist receives all documents.

DOMESTIC COVERAGE AREAS:

INTERNATIONAL COVERAGE AREAS:

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 - 1101 Pennsylvania Avenue, Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN BULGARIA

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Bulgaria process service needs; no job is too small or too large!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

"Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives"- Foster, William A

Sources

1. This principle is supplemented by the:

Principle of disposition, under which the parties initiate the proceedings of their own volition and determine the subject matter of the lawsuit and the range of the assistance needed from the court.
Ex-officio principle, under which the court can:
- determine whether it has jurisdiction;
- set the value of the claim;
- terminate pending proceedings;
- appoint experts; and
- join claims.

In addition, the court has broad powers to manage the litigation by:

Assisting the parties to clarify matters of fact and law.
Monitoring the due performance of the proceedings.
Instructing the parties in relation to any irregularity in the proceedings and how to remedy it.

2. The procedure is governed by:

Regulation (EC) 1206/2001 on cooperation between the courts of the member states in the taking of evidence in civil or commercial matters.
The HCCH Convention on the Taking of Evidence Abroad in Civil and Commercial Matters 1970.
The Bulgarian Code of Private International Law.

3. Under Article 5(1) of the Common Rules for the Conditions for Delivery of Postal Items and Postal Parcels (adopted by Decision No 581 of the Communications Regulation Commission of 27 May 2010),

4. This may not be less than twenty days or more than thirty days from the date of receipt at the post office for delivery. The number of formal notifications and the deadline for claiming are set by postal service providers in the general terms and conditions of their contract with users; in all cases, at least two formal notifications must be sent.

5. Article 43 of the Civil Procedure Codе provides for the following methods of service:

personal service;
service via another person;
service by affixing a notification at the permanent or current address of the respondent;
service by publication in the State Gazette;

Service on witnesses, expert witnesses, or third parties not participating in the case is performed by depositing a communication in the letterbox or affixing a notification.

6. Summonses to appear in court are served on participants in the proceedings.

The court is bound to serve the parties with a duplicate copy of the instruments that are subject to a stand-alone appeal (Article 7(2) of the Civil Procedure Code (Grazhdanski protsesualen kodeks (GPK)). Judicial decisions, rulings, and orders are served on the parties to the proceedings, third parties taking part at the court stage, and any third parties enjoined by the court to execute its order.
Applications and appeals by the parties are served on the opposing party.
Communications from the court are also served on the parties to the proceedings.
Enforcement orders (Article 418(5) of the GPK) and notices of voluntary compliance (Article 428 of the GPK) are served by bailiffs.
The law, including service in government institutions and bodies, natural or legal persons required all other documents.

7. Private bailiffs, by court order, when an express request is made by a party, which in this case also bears the costs of service.

8. Article 44 of the Civil Procedure Codе specifies the following methods of certifying that service has been performed:

The server certifies with his signature the date and method of service and the identity of the person on whom the communication is served;
A refusal to accept a communication must be noted on the acknowledgment of receipt and certified by the server's signature; service will nevertheless be deemed duly performed; notwithstanding such refusal, service will be deemed duly performed.
Service by telephone or by fax is certified by the server in writing;
Service by telegram is certified by notice of delivery;
Service by telex is certified by written confirmation of the communication sent;
Service by post is certified by acknowledgment of receipt;
A copy of the electronic record of service attests to service at an electronic address.

The receipt for the performance of service must be added to the case file as soon as it has been drawn up.

9. Under Article 46 of the Civil Procedure Codе, receipt of the communication by the other person is deemed to constitute service to the addressee.