The bailiff `s acts could be appealed before the court as the judges are checking if the actions, resp. the acts of the bailiffs are in accordance with the legislation. It is important that the creditor and the debtor could appeal different acts of the bailiffs as not all bailiff`s act are subject of court control. The appeal is submitted to the local district court through the bailiff who is attaching the entire executive paper folder. By law the bailiff is obliged to send the appeal first to the other party within 3 days from its receipt but there is no deadline in the current legislation when the bailiff should send the whole documentation in the court. Because of this missing obligation it is very often when the bailiffs are delaying sending the appeal to the court for months, without being sanctioned for this violation of the debtor/creditor`s rights.

As soon as the appeal is delivered in the court the respective judges have the obligation to take decision on the appeal within one month. The filing of the appeal is not stopping the executive procedure but the judges could decide to stop it, depending on the individual case. The court ruling is final and not subject of further appeal.

In addition, the creditor and the debtor could file a complaint against the bailiff before the Ministry of justice and the Private Bailiffs Chamber which are only entitled to check for lawful actions of the bailiffs. If they decide that the bailiff did not act in accordance with the law and the internal rules, they could undertake actions for disciplinary responsibility but in fact it almost never happened.

If the debtor or the creditor consider that the bailiff has violated the European Union Law, they could file an individual petition to the European Commission, European Parliament, European Ombudsman, listing as the specific of the individual case as the necessity of recommendation for change of the local legislation.


“Valova and Angelova” law firm