Defence of debtors in the enforcement process and before the Private enforcement agents
The purpose of the execution process is to satisfy the creditor by compelling
the debtor to perform the act or result that is due.
However, the enforcement process is not arbitrary coercion; it is a strictly regulated sequence of procedural acts that may be performed only if the statutory prerequisites are met.
If the legal requirements are breached, the enforcement becomes unlawful and the enforcement action must be revoked.
Very common cases in the field of enforcement proceedings are: unlawfully performed enforcement actions (e.g. seizure of non-executable goods, seizure of a bank account without cause or where the statute of limitations has expired, foreclosure on the immovable property) and filing of negative declaratory actions under Article 439 of the Civil Procedure Code, which aim to deny the claim of the creditor due to the expiry of the statute of limitations.
The team at “Antonii Dimitrov” law firm has extensive experience in the field of enforcement proceedings and offers the following services to its clients:
Research of the enforcement case and giving an opinion on the possibilities for its termination
Appeals against unlawful enforcement actions - e.g. appeals against enforcement actions imposing attachments, restraining orders, etc.
Bringing a negative action to establish the non-existence of the creditor's claim
Defence of third parties unlawfully affected by enforcement actions (e.g. seizure of movable property)
References to open enforcement proceedings in the Central Register of Debtors (CRD)
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