COLLECTING OF SUMS OF MONEY
ORDER FOR PAYMENT PROCEEDING
The procedure is regulated by The Code of Civil Procedure- Articles from 410 to 425.
I. Since the 01.03.2008, the date when was issued the new Code of Civil Procedure, there is a completely new procedure for creditors rights protection. According to the Code, the creditors who have indisputable and chargeable takings could start a order for payment proceeding. In this proceeding the creditor could state his grounds and the documents that gives him the right to ask for enforcement order issuing or immediate enforcement order issuing. After the requested order is issued, the creditor could have an writ of execution for the payment. In this procedure actions take the both parties- the creditor and the debtor. After the order is issued it should be sent to the debtor. If the debtor have any protests against the enforcement order he can state them before the court. Only if the debtor does not have any protests the writ of execution could be issued.
The application for enforcement order issuing, the order for enforcement it self and all the other papers, related with the order for payment proceedings are standart  forms, approved with an ordinance issued by The Minister of justice.
The order for payment proceeding seeks the purpose of fast and effective protection of those who clims his takings. In the same time there are guarantees for the debtor, that the existnce of the taking is going to be reffered by the court. The purpose of the procedure is to find if the debtor oppeses the taking. If the debtor opposes the taking, the procedure should be suspended, because the requested order could not be issued. If the debtor does not oppose the taking, the court issues the recuested enforcement order, upon which the creditor could receive an writ of execution.
II. The applicant may request the issuing of an enforcement order in the folliwing cases:
1. for receivables of sums of money or of fungible things, where the action is cognizable in the regional court /in that case the amount of the sum should not be more than 25 000 BGN/;
1. 2. for the delivery of a movable thing, which the execution debtor has received with an obligation to return the said thing or which is encumbered by a pledge or has been transferred to the debtor with an obligation to surrender possession, where the action is cognizable in the regional court /in that case the worth of the thing could not be more than 25 000 BGN/;
2. the applicant may request the issuing of an enforcement order where the receivable, regardless of the amount  thereof, is based upon:
- an act of an administrative authority, whereunder the admission to enforcement is vested in the civil courts;
- a document or an abstract of the books of account, whereby receivables of the government institutions, the municipalities and the banks are established;
- a notarial act, a settlement or another contract bearin notarized signatures in respect of the obligations contained therein to pay sums of money or other fungible things, as well as obligations to deliver particular things;
- an abstract of the registered pledges registry on a recorded security interest and on commencement of foreclosure: in respect of the delivery of pledged things;
- an abstract of the registered pledges registry on a recording of a contract for sale with retentionof title until payment of the purchase price or a lease contract: in respect of the return of corporeal things sold or leased;
- a contract of pledge or a mortgage deed under Article 160 and Article 173 (3) of the Obligations and Contracts Act;
- an effective act establishing a State or municipal receivable, where the enforcement of this act is effected according to the procedure established by The Code of Civil Procedure;
- a deficit deed;
- a promissory note, a bill or exchange or another negotiable security payable to order which is equivalent thereto, as well as a bond or coupons attached thereto.
Except the upwritten there are different special legal acts, which provides cases when the order for payment proceeding take place.
According to the Tariff for the state taxes, collected by the courts according to The Code of Civil Procedure, in the time of depositing an application for issuing an order a tax should be payed as follows:
- when an enforcement order is requested, the tax is in the amount of 2 % from the interest, but not less than 25 BGN;
- when an immediate enforcement and a writ of execution is requested, the tax is in the amount of 2 % from the interest, but not less than 25 BGN.