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Ordering proceedings lawyer office Arabadzhiev & Partners

Enforcement proceedings

In the order proceedings no evidence is indicated, no transcripts are submitted for the defendant, and the documents themselves- an application for issuance of an enforcement order, an enforcement order and all other papers related to the order proceedings are typed and are according to a sample.

 Local jurisdiction is - the permanent address or registered office of the debtor or the place of execution.

Generic jurisdiction - it follows from the general requirement that the respective claim be subject to jurisdiction in the district court, but there are receivables for which special laws provide for injunctive proceedings without generic jurisdiction in a district court (eg Law on Advocacy, Law on Notaries and Notary Activity) and others.). In all cases, the district court is generically competent to consider the application for an enforcement order.

The application shall be considered in closed session within three days of its receipt and if the court deems that the prerequisites for issuing an enforcement order are present, it shall issue an order, a copy of which shall be served on the debtor. Within two weeks from the service, the debtor may object in writing, without any requirements for substantiation of the objection. Filing an objection is an obstacle to the entry into force of the enforcement order and to the issuance of a writ of execution. The court is obliged to notify and indicate to the applicant that within one month and upon additional payment of a state fee it may file a claim for its claim.

The application shall be considered in closed session within three days of its receipt and if the court deems that the prerequisites for issuing an enforcement order are present, it shall issue an order, a copy of which shall be served on the debtor. Within two weeks from the service, the debtor may object in writing, without any requirements for substantiation of the objection. Filing an objection is an obstacle to the entry into force of the enforcement order and to the issuance of a writ of execution. The court is obliged to notify and indicate to the applicant that within one month and upon additional payment of a state fee it may file a claim for its claim.