Court fees concerning European Payment Order procedure - Bulgaria
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The provisions for the payment of court fees and costs in civil proceedings, including the procedure for the European order for payment, are laid down in the Code of Civil Procedure and, as a result, in the Tariff of State Fees charged to the courts under the Code of Civil Procedure (CCP).
Code of Civil Procedure:
“Chapter Eight — Fees and charges, Section I — Price of the claim
Price of the
claim 68 The monetary assessment of the subject matter of the case is the cost of the claim.
Amount of the value of the
claim 69 (1) The amount of the action shall be:
1. for claims for pecuniary claims, the amount sought;
Determination of the price of the
claim 70 (1) The price of the claim is indicated by the claimant. Questions concerning the amount of the application may be raised by the defendant or by the court of its own motion no later than the first hearing. In the case of non-conformity of the specified price with the actual court,
(2) The order of the court that increases the amount of the claim shall be the subject of an appeal in a private appeal.
(3) In claims in respect of which the assessment constitutes a difficulty at the time the action is brought, the amount of the claim shall be determined by an approximate amount of the court, whereupon an additional charge shall be required, or the excess shall be passed on in accordance with the price determined by the court in the adjudication of the case.
Section II — Government fees and charges
Obligation of fees and
costs 71 (1) Government fees shall be levied on the amount of the claim and the costs of the proceedings. Where the claim is not assessed, the amount of the State fee shall be determined by
73 (3) The State fee shall be charged for the lodging of the claim for protection or assistance and the issue of the fee for which a fee is paid, in accordance with a tariff adopted by the Council of Ministers.
Annexes to the
application 128 The application shall be accompanied by:
(1) the power of attorney when the application is lodged by an agent;
(2. a document on the fees and charges applied for, where such is due;
3. copies of the application and of the annexes to it according to the number of defendants.
Verification of the
application 129 Article (1) The Court shall verify the correctness of the application.
(2) Where the application does not comply with the requirements set out in Article 127 (1) and Article 128, the plaintiff shall be informed, within one week, of the irregularities committed and of the possibility of obtaining legal aid if necessary. Where the applicant’s address is not indicated and is not known to the court, the communication shall be made by placing a notice at the place designated for that place in the court for one week.
(3) Where the applicant does not regularise the situation within the time-limit, the application shall be returned to the application, together with the annexes, and, if the address is not known, shall be left in the court registry at the applicant’s disposal. An appeal may be lodged against the return of the application, a copy of which is not served.”
Tariff for state fees charged by the courts under the Code of Civil Procedure
“Section I Fees
collected in court proceedings Article
1. In the case of an application, a counterclaim seeking an application by a third party who has independent rights shall levy a fee of 4 per cent on the price of the claim, but not less than BGN 50.
Article 13. A fee shall be charged on an application for the issue of a certificate, as follows:
2. of an authorisation to issue a European order for payment and a declaration of enforceability — BGN 40;”
The payment of court fees can only be made by bank account at the expense of the court.
The State fee is charged when the action is brought. It is necessary for the applicant to apply to the application for payment of the State fees and charges when they are due.
In the case of an application for a European order for payment and a declaration of enforceability of BGN 40, the
court fee for an application, a counterclaim and an application by a third party with independent rights, the ordinary civil procedure shall be 4 per cent of the value of the claim, but not less than BGN 50. the amount of the claim in respect of claims for pecuniary claims shall be the amount sought. In the event of an objection to the application for an order for payment and an express agreement to move to the general declaratory proceedings, the claimant shall contribute, to the account of the court, the balance of the fee for regular declaratory proceedings.
In the event that, in the event of an action brought by the applicant, the applicant does not attach to the application a document proving that the payment of the State fee due has been paid by the applicant, the application is irregular. In this case, the court sends the applicant a notice with an instruction to pay it within one week. Where the claimant’s address is not indicated and is not known to the court, the communication shall be made by placing a notice in the designated place in the court for one week. if the
claimant does not pay the state fee due within the one-week deadline, the application shall be returned together with the attachments, and if the address is not known, it shall be left in the court registry to the claimant. The case in these cases is closed.
The payment of court fees can be done only by bank account, and the payment document is presented to the judge/court in the case through the court registry. The court fee cannot be paid to a case in court. Each court has a contract with a bank that serves the court. Bank accounts are announced on the official website of the court.
The payment of court fees can be done only by bank account, and the payment document is presented to the judge/court in the case through the court registry.
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Last update: 02/09/2019