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TARIFF OF THE FEES AND EXPENSES ON ENFORCEMENT PURSUANT TO THE LAW ON PRIVATE JUDICIAL OFFICERS


 Prom. SG 35/28 April 2006


Section I.
Common Fees
 

1. For initiating an enforcement case, the fee is BGN 20.

2. For a thorough investigation of the property status of the debtor, for gathering data, documents, papers and others, as well as to determine the method of enforcement to be employed by the private judicial officer, the fee is BGN 50.

3. For each inquiry made about the debtor and his property, the fee is BGN 5.

4. For sending a subpoena, copy of a complaint, notification and papers by post, the fee is BGN 10.

5. For serving a subpoena, copy of a complaint, notification and papers, as well as for serving a claimant’s statement under Art. 398b, para 2 and 3 of the Code of Civil Procedure (CCP), the fee is BGN 20.

6. For issuing a certificate, the fee is BGN 5.

7. For issuing a copy of a document drawn up by a private judicial officer, the fee is BGN 2, and if the copy is more than one page – for each consecutive page the fee is BGN 1.

8. For making a copy of an enforcement case the fee is BGN 10.

Note: For preparing a copy of an enforcement case and submitting it to the competent court, the fee is BGN 20.

9. For imposing an attachment without taking an inventory, including on a stake in a trading company pursuant to Art.  398b, para 1 of the CCP, the fee is BGN 15.

10. For filing a request to the registration judge or withdrawing a foreclosure, the fee is BGN 15.

11. For accessing a claimant, the fee is BGN 50.

12. For preparing an account on the amount of the debt by the private judicial officer, the fee is BGN 30.

13. For preparing and laying claims to allocation, the fee is BGN 30.

14. For empowering the claimant to lodge a claim before the district court where the company head office is registered for its termination pursuant to Art. 398b, para 2 and 3 of the CCP, the fee is BGN 20.

15. For selling book-entry securities, the fee is BGN 100.

16. For engaging in a certain activity, stipulated in Chapter 45 of the CCP, the fee is BGN 50.

Note: The same fee applies for administering a regime of personal relationships and hading over a child.

17. For providing and assigning a claim to be collected or instead of payment, the fee is BGN 20.

18. For enforcing protective measures, the fees are as stipulated for the respective activities in this Section.

19. For providing documents and information as regards the public sale or selling pursuant to the Law on Special Pledges (LSP), the fee is BGN 20.
 

Section II.
Proportionate Fees
 

20. For taking an inventory of movable and immovable property, including of securities on hand, the fee is 1.5 percent of the sum of the claim but not less than BGN 50.

Notes:

1. If the claimant requests taking a property inventory for a sum less than the amount of the claim, the collected fee is estimated on the same sum.

2. If the price of the tagged assets turns out to be higher, a fee is also taken for the difference.

3. When enforcement is transferred from certain assets to others, regardless of whether these are movable or immovable, there is no new fee if no inventory has been taken. 

21. For seizing and delivering of movable assets, including of pledged property pursuant to the LSP, the fee is 2 percent of the value of the assets but not less than BGN 50.

Note: After a public sale or selling, the fee is at the expense of the buyer.

22. For putting in possession of immovable property, the fee is 1 percent of the value of the property but not less than BGN 200.

Notes:

1. When the price of the property is not indicated on the writ of execution, the collected fee is based on the property tax assessment pursuant to the Local Taxes and Fees Act.

2. The fee for putting in possession after a public sale is at the expense of the buyer.

3. For putting in possession of a single family dwelling, the fee is BGN 50.

23. For preparing a decree of property award, the fee amounts to 1.5 percent of the sale price but not less than BGN 50 and not more than BGN 3,000.

Note: The fee is at the expense of the buyer.

24. For conducting a public sale of a partitioned property, as well as a sale of pledged property pursuant to the LSP or the CCP, the fee is 2 percent of the sale price but not less than BGN 50.

Note: In case of partition, the fee is at the expense of the co-partitioners according to their shares.

25. For keeping tagged or collateral property, the fee is as follows:

а) when the property is not profitable – from BGN 50 to BGN 100 per calendar month;

b) when the property is also managed in addition to being kept – 20 percent of the gross monthly income of the property for the time of keeping but not less than BGN 50.

26. For enforcing a monetary claim, the fee is collected on the amount as follows:

а) up to BGN 100 - BGN 15;

b) from BGN 100 to BGN 1,000 - BGN 15 + 10 percent for the surplus above BGN 100;

c) from BGN 1,000 to BGN 10,000 - BGN 105 + 8 percent for the surplus above BGN 1,000;

d) from BGN 10,000 to BGN 50,000 - BGN 825 + 6 percent for the surplus above BGN 10,000;

e) from BGN 50,000 to BGN 100,000 - BGN 3,225 + 4 percent for the surplus above BGN 50,000;

f) over BGN 100,000 - BGN 5,225 + 2 percent for the surplus above BGN 100,000;

Notes:

1. In case of partial recovery of the monetary claim, the fee is calculated for the entire debt, yet a part is collected corresponding to the recovered sum.

2. In case of enforcement of claim for periodic payments, including for support money, the fee is collected only once on the sum total of the paid amounts every six months, except for the cases of repayment of past obligations.

3. The fee on the proceeds in case of accession of claimants is collected only by the private judicial officer who has collected the sum of the acceded claimants.

4. The fee for taking an inventory under item 20 is deducted from the fee for enforcing the monetary claim.

27. For implementing protective measures outside the cases under Section I, the fees are as stipulated for the corresponding activities in this Section.
 

Section III.
Additional Fee
 

28. For engaging in an activity concerning an individual forced enforcement outside working hours, in non-working days and on holidays, the private judicial officer charges an additional fee amounting to 50 percent of the fee for the respective activity.

Note: There is no additional fee for performing the activities under items 20-24.
 

Section IV.
Advance Fees
 

29. The claimant pays in advance the amounts specified in the tariff for the respective activity:

a) the common fees;

b) the proportionate fees, except for the fee under item 26;

c) the additional fee;

d) the additional expenses.

Notes:

1. When the private judicial officer has gone to the site of the forced enforcement but it has been postponed at the request of the claimant, the paid-in fee is at the expense of the claimant and a new fee is paid for the enforcement to continue.

2. The subsidised fees under Section V are not due in advance.
 

Section V.
Subsidised Fees
 

30. Subsidised are the advance fees for collecting support money, for handing over a child and for employment relationship claims.

Notes:

1. The fees under this Section are presented by the private judicial officer for payment from the budget of the respective district court with a written application where are stated: the private judicial officer’s full name and registration number, the law office address, the reference number of the enforcement case, the grounds and the amount of the subsidised fee due, and the bank accounts needed for the transaction, the reference number, the parties involved and the subject of the case concerning which the writ of execution has been issued, and the court that has issued it.

2. The private judicial officer restores the subsidised fee back to the court budget after it is recovered from the debtor.
 

Section VI.
Additional Expenses
 

31. Additional expenses are the costs for:

a) fees for receiving information and documents related to the debtor and/or his property;

b) bank fees and commissions;

c) providing access, opening and closing of premises;

d) transport, shipment and protection of seized assets;

e) experts;

f) guards;

g) translators and interpreters;

h) elimination, destruction and sealing of assets;

i) travelling of the private judicial officer outside of the town/city where his law office is – BGN 0.50 per kilometre but not more than BGN 30 for a single activity regardless of whether it is completed in one or more visits.

Note: The additional expenses are covered by the debtor in the cases when there is a document issued for them or they are recorded in the protocol for performing the respective activity.
 

Section VII.
Fee Payments
 

32. When a private judicial officer is commissioned by another region to perform an activity pursuant to Art. 18, para 6 of the LPJO, the fee, specified for this activity in the tariff, is given to the officer.

33. The fees, provided for in the tariff, are paid from the claimant upon initiating the enforcement case and before performing the respective enforcement activity.

34. The fees and expenses concerning the enforcement case are paid by the claimant and are at the expense of the debtor.
 

Final Provisions
 

Single Paragraph. The tariff is passed on the grounds of Art. 78, para 2 of the Law on Private Judicial Officers.



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