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How to defend ourselves in case of order proceedings before the court or in enforcement proceedings before the PEA

защита пред  чси  частен съдебен изпълнител  съдия  заповед  кантора  пловдив  софия   стара загора  длъжник  закон  адвокат

It often happens that my clients come to me when they have received documents from the court or the PEA. It is difficult to find out what to do. Order proceedings are special court proceedings that allow for quick settlement of civil relations in case of default. The varieties are under Article 410 of the Civil Procedure Code or Article 417 of the Civil Procedure Code. The aim is to issue a court writ of execution - a writ of execution, which will allow the creditor to be satisfied through enforcement proceedings. .If the debtor objects, a court finding is established in a claim proceeding. The characteristic of the injunction proceedings is that it is emphasized in writing and formally. issuance of an enforcement order and other papers in connection with the order proceedings. In general, the order can be divided into that under Art. 410 of the Civil Procedure Code, whereby, if the debtor objects within a period given to him by the court, the applicant shall be able to file a claim with the court for establishing his claim and such under Art. 417 in item 418 of the Civil Procedure Code, when immediate execution is reached on the basis of an issued writ of execution. The important thing in both hypotheses is that you should react within certain deadlines, which are deadlines and their omission leads to the inability to defend yourself. When you have objections against the taking under the Enforcement Order, you should take advantage of the allowed immediate execution and the issued writ of execution, but this is possible only in view of the existing and regulated in the Civil Procedure Code methods. In proceedings under Article 417 of the Civil Procedure Code, the debtor receives documents from the PEA and for the first time learns from them about any actions against him. In all cases, however, the situation should be assessed individually and specifically. additional, sometimes serious early, to challenge the order, the immediate execution and to bring a lawsuit in order to reject the claims either in whole or in part is a matter of specificity of all circumstances. Although limited, there are a number of possibilities for protection in enforcement proceedings before the PEA, and here too the terms for reaction are related to preclusion. The receivable itself may have been repaid by prescription, preconditions for preemption have occurred, ie. termination of the case by law, there should be non-sequestration in respect of property, income and receivables. Last but not least, it is possible to suspend the enforcement proceedings and reach an agreement either inside or outside the enforcement proceedings.
    In conclusion, I would like to point out that in these proceedings, a timely, well-planned and well-thought-out reaction is very important in order to achieve the desired, targeted and possible result. Arabadjiev Law Firm has many years of experience in representing and protecting its clients in such proceedings, and more. We are here to help you make the best possible decisions for you to deal with these situations. Our lawyers in our offices in Plovdiv, Sofia and Stara Zagora will answer and work with the best quality on your case.