WHAT IS THE LAST PRODUCTION?


WHAT IS THE LAST PRODUCTION?
 
The ordered procedure is a court procedure which begins with an application (not a claim) and seeks to collect the claim quickly (cash or for the delivery of a thing) in a simple manner because of its indisputableness (when there is no dispute over it).
 
 Where the debtor does not dispute that he has the obligations specified by the applicant, the proceedings in question allow for the rapid collection of those obligations and the need to conduct the traditional claim process is no longer necessary.
 
 The ordered proceedings are developed before the district court where the debtor is resident (when he is a natural person) and the head office (where it is legal).
 
 Physical and legal entities may benefit from the injunction, in the following cases:
 
 I. (Under Article 410 of the Code of Civil Procedure): when it concerns the taking of sums of money up to BGN 25 000 or of substitutable goods, as well as in the lesser case of the obligation to transfer movable property.
 
 In these cases, the court issues an enforcement order in a closed session without informing the other party and solely on the basis of the applicant's claims. The court shall only check whether the request meets the requirements of Art. 410 of the Code of Civil Procedure, whether it is contrary to the law and good morals, whether the debtor has a permanent address or registered office in Bulgaria, his habitual residence or principal place of business.
 
 If the court accepts the application, the order is served on the debtor by the court, with a document attached to it - "Opposition". Within two weeks of receipt of the order, the debtor may submit the "Notice", stating that he does not owe the sum, and that he does not need to be motivated.
 
 If, within two weeks, the debtor does not object, that means that he does not contest his obligation and an order of execution is issued on the basis of the order in favor of the applicant.
 
 With the submission of the objection, the debtor disputes the existence of the obligation and the proceeding continues, with the applicant submitting an application and conducting an action. In the newly formed case, the applicant and the debtor make their claims and provide evidence of the existence or non-existence of the obligation for which an enforcement order has been issued.
 
 
II. (under Article 417 of the Code of Civil Procedure) - when a document is presented, among those explicitly listed in Art. 417 irrespective of the cost of the claim (eg promissory note, mortgage, notarial deed, etc.).
 
 In these cases, together with the enforcement order, the court also issues a writ of execution, thus giving the applicant the possibility to immediately institute enforcement proceedings against the debtor.
 
 In this case, the order is served by the enforcement agent. Therefore, when submitting a statement of objection against the order for immediate execution, a document proving the date of service of the summons to be performed by the enforcement agent (a copy of this subpoena, reflecting the date or certificate from the enforcement agent) must be submitted to the objection.
 
 Along with the objection, the debtor has the right to appeal court orders with a private appeal. However, making a private complaint does not stop the execution.
 
The rules governing the order of procedure provide for defense of the debtor - a denial because of the impossibility of a challenge and an action for challenging the claim, provided that new circumstances and evidence essential to the case are discovered.
 
 
The above information is provided for your convenience and does not constitute legal advice
 


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WHAT IS THE LAST PRODUCTION? WHAT IS THE LAST PRODUCTION?