Protection of debtor `s rights during the executive procedure started by private Bulgarian bailiffs
In Bulgaria the bailiffs have very large rights and very often, when an enforcement case is initiated, the debtors should pay much more than their initial debt. The amount increases with the bailiff's fees, the creditor attorney’s fee and other fees which the bailiff collects.
Because of the lack and strict legislation related with bailiffs and their rights/actions there are many people whose rights have been violated during the executive procedure. We strongly recommend to the client, in case of started against him or her executive case, not to protect his or her rights without a legal consultant because in the executive cases there are many details and deadlines which have to be respected.
In case when the debtor considers that his rights have been violated during the executive bailiffs’ procedure, then the debtor could submit also a petition to the European Parliament.
The debtor could claim for protection of his rights in the Bulgarian court too but the practice shows that there are no many bailiffs sued for their actions during the executive case.
There are two Bulgarian official bodies where the debtor, considering violation of his rights, could submit a compliant insisting checking on his case - the Bulgarian Private Bailiffs Chamber and the Ministry of justice.
Under the Bulgarian legal system the bailiffs are public and private. Most of the creditors are using the services of private bailiffs. The public bailiffs` rights and obligations are regulated by the Law on the Judiciary as the private bailiff’s rights and obligations are regulated by the Law on Private bailiffs.
“Valova and Angelova” law firm