1. Introduction
Regional courts in Bulgaria are significantly burdened with order for payment proceedings, as according to statistical data, these types of proceedings constitute more than half of all civil proceedings initiated before the regional courts across the country. Moreover, the workload of judges in different regional courts is unevenly distributed. For instance, the average caseload of a judge in Sofia exceeds that of a judge outside Sofia by more than 200 cases per year.
As a result, overburdened courts often fail to comply with the statutory three-day period for issuing an order for payment. This undermines the purpose of order for payment proceedings, which is to ensure prompt issuance of orders for payment and writs of execution, thereby allowing creditors to initiate lawful enforcement proceedings without undue delay.
The reform aims to address both the uneven judicial workload and to expedite order for payment proceedings, particularly in major urban areas.
2. Substantive Amendments
2.1 Introduction of a new article 409a of the Civil Procedure Code (CPC)
The newly adopted provision stipulates that all procedural actions in the order for payment proceedings shall be conducted in electronic form and all judicial acts issued within the proceedings, including the order for payment and the writ of execution, shall likewise be issued electronically, unless explicitly provided otherwise.
2.2 Regarding the application for an order for payment and the debtor’s objection
2.2.1 The Applicant
The applicant may submit the application either on paper (as previously permitted) or electronically. However, if the application is submitted electronically, it shall be presumed that the applicant consents to the continued use of electronic communication in the proceedings, subject to specific exceptions.
Exception: Certain group of persons are obligated to file applications for orders for payment exclusively in electronic form:
“Traders, the state and state institutions, municipalities, notaries, bailiffs, and persons represented by an attorney must file applications for an order for payment solely via the electronic form available on the Unified Portal for Electronic Justice.
2.2.2 Regarding the Debtor
The debtor has the right to file an objection either on paper with any district court or electronically via the Unified Portal for Electronic Justice. If the objection is submitted through the Unified Portal for Electronic Justice, the debtor shall thereafter be notified electronically through the same system.
As a general rule, the proceedings will be conducted in electronic form, while service of documents will follow the general procedure unless and until the parties direct communication through the Unified Portal for Electronic Justice.
The legislative intent is to allow applicants—other than those subject to mandatory electronic filing—to submit applications in writing and at any regional court, based on their current location or convenience.
However, certain types of applications (e.g., those based on notary deed; settlement agreement or other contract with notarisation of the signatures concerning the obligations contained therein for the payment of monetary amounts or other fungible items, as well as obligations for the delivery of specific items; promissory note, bill of exchange, bond or coupons attached thereto, etc.), must be filed with the regional court competent based on the applicant’s current or permanent address or seat.
2.3 Jurisdiction
Under the new rule, applications for an order for payment shall be reviewed by a regional judge, selected through random centralized case assignment.
Applications falling under mandatory territorial jurisdiction (e.g., those based on notary deeds, promissory notes, etc.) shall be examined by a judge from the competent regional court based on the applicant’s current/permanent address or seat.
The debtor’s objection may be submitted in writing to any regional court or electronically via the the Unified Portal for Electronic Justice.
The jurisdiction of follow-up claim proceedings remains unchanged. The purpose of this amendment is to relieve the applicant of the burden to prove before the order for payment court that a claim has been filed within the statutory period. The court will receive this information directly via the system, allowing electronic verification.
3. Writ of Execution
A key innovation is that writs of execution shall now be issued electronically and signed with a qualified electronic signature by the judge. Once signed, the writ of execution shall be assigned a registry number, date, and the identity of the issuing judge.
Under the previous CPC rules, the commencement of enforcement proceedings required the original writ of execution to be presented to the bailiff. Under the new amendments, bailiffs will receive direct access to the case file and the electronic writ through the Unified Portal for Electronic Justice, upon submission of a request by the interested party. This request must include the registry number of both the case and the electronically issued writ.
An important change also provides that, where claim proceedings follow the order for payment, the claim court shall issue the writ of execution—replacing the previous rule under which the order for payment court would issue the writ upon return of the file from the claim court.
An electronic case file will be created. It shall contain the writ of execution, the judicial act on which it is based, the party in whose favour it was issued, and the party against whom it is enforceable.
The following actions and circumstances must be recorded in the electronic case file by the enforcement agent:
- Service of the writ on the debtor;
- Commencement, transfer, suspension, and termination of the enforcement proceedings;
- Joinder of other creditors and results of enforcement, including amounts paid to the creditor.
As of 01 July 2025, amendments to Regulation No H-2 of 18.02.2020, issued by the Minister of Justice, have also entered into force. The amendments approve new standard forms for applications for orders for payment, the order itself, and other related documents.
The article above is for information purposes only. It is not a (binding) legal advice. For a thorough understanding of the subjects covered and prior acting on any issue discussed we kindly recommend Readers consult Ilieva, Voutcheva & Co. Law Firm attorneys at law.
