ТАРИФА – ЧАСТЕН СЪДЕБЕН ИЗПЪЛНИТЕЛ

TARIFF

Tariff of Fees and Expenses under the Private Enforcement Agents Act

Adopted by Council of Ministers Decree No. 92 of 19 April 2006

Promulgated in the State Gazette, Issue No. 35 of 28 April 2006; amended and supplemented in Issue No. 24 of 12 March 2013; supplemented in Issue No. 63 of 1 August 2014; amended in Issue No. 90 of 31 October 2014; amended in Issue No. 100 of 18 December 2015.

1. За образуване на изпълнително дело се събира такса 20 лв.
2. Comprehensive investigation of the debtor’s financial status and determination of the method of enforcement – BGN 50
3. A fee of BGN 5 shall be charged for each inquiry conducted regarding the debtor and his or her property.
4. A fee of BGN 10 shall be charged for sending by post a summons, a copy of a complaint, a notice, or other documents.
5. (amended – State Gazette, Issue No. 24 of 2013) A fee of BGN 20 shall be charged for the drafting and service by the Enforcement Officer or by his or her employee of a notice, summons, copy of a complaint, notification or other documents, including the service of a creditor’s statement under Article 517(2) and (3) of the Civil Procedure Code (CPC).
6. A fee of BGN 5 shall be charged for issuing a certificate.
7. A fee of BGN 2 shall be charged for issuing a copy of a document prepared by the Private Enforcement Agent; where the copy exceeds one page, an additional fee of BGN 1 shall be charged for each subsequent page.
8. A fee of BGN 10 shall be charged for preparing a copy of an enforcement case file.
Note. A fee of BGN 20 shall be charged for preparing a copy of the enforcement case file and submitting it to the competent court.

9. (amended – State Gazette, Issue No. 24 of 2013) A fee of BGN 15 shall be charged for the imposition of an attachment without conducting an inventory, including on a share in a commercial company pursuant to Article 517(1) of the Civil Procedure Code (CPC).
Note. (new – State Gazette, Issue No. 24 of 2013) A fee of BGN 15 shall be charged for the imposition of an electronic attachment on claims held in bank account(s), irrespective of the number of attachments imposed.
10. A fee of BGN 15 shall be charged for a request to the Registration Judge for the registration or lifting of a distraint.
11. A fee of BGN 50 shall be charged for the joinder of a creditor.
12. A fee of BGN 30 shall be charged for the preparation by the Private Enforcement Agent of a statement of the amount due.
13. A fee of BGN 30 shall be charged for the preparation and presentation of a distribution schedule.
14. (amended – State Gazette, Issue No. 24 of 2013) A fee of BGN 20 shall be charged for authorising the creditor, pursuant to Article 517(2) and (3) of the Civil Procedure Code (CPC), to bring an action for the dissolution of the company.**
15. A fee of BGN 100 shall be charged for the sale of dematerialised securities.
16. (amended – State Gazette, Issue No. 24 of 2013) A fee of BGN 50 shall be charged for the performance of a specific act provided for in Chapter Forty-Eight of the Civil Procedure Code (CPC).**

Note. The same fee shall also be charged for the enforcement of a regime of personal relations and for the surrender of a child.
17. A fee of BGN 20 shall be levied for granting and assigning a claim for collection or in lieu of payment.
18. For the enforcement of interim measures, the fees provided for the respective actions in this section shall be charged.
19. A fee of BGN 20 shall be charged for the provision of documents and information relating to a public auction or a sale under the Special Pledges Act (SPA).

Section II
Proportional Fees
20. (amended – State Gazette, Issue No. 24 of 2013) A fee of 1.5 per cent shall be charged for conducting an inventory of movable and immovable property, including existing securities, calculated on the lesser of the value of the inventoried property/securities and the monetary claim, but not less than BGN 50.**

Remarks:

1. In the case of a transfer of execution from one property to another, whether movable or immovable, no new charge shall be levied if no inventory has been taken.
2. The fee shall also be collected in case of inventory of property pursuant to Article 557 of the CCP.
3. No fee shall be charged for taking an inventory of property within the period for voluntary execution.“
21. For compulsory seizure and surrender of movable property, including pledged property under the PPA, a fee of 2 per cent of the value of the property shall be collected, but not less than BGN 50.

Remark. After public sale or sale the fee is at the expense of the buyer.
22. For taking possession of immovable property a fee of 1 per cent of the price of the property shall be charged, but not less than BGN 200.

Remarks:

1. Where the price of the property is not specified in the writ of execution, the fee shall be levied on its tax assessment under the Local Taxes and taxis.
2. The fee for taking possession after a public sale shall be borne by the buyer.
“3. A fee of BGN 50 shall be charged for taking possession of a family dwelling.
23. A fee of 1.5 per cent of the sale price, but not less than BGN 50 and not more than BGN 3,000, shall be levied for the preparation of a decree of award of immovable property.

Remark. The fee is charged to the buyer.

24. A fee of 2 per cent of the sale price, but not less than BGN 50, shall be collected for a public sale of a divided property or of a pledged property under the provisions of the Law on the Protection of Property or of the Code of Civil Procedure.

Remark. In case of partition, the fee shall be borne by the shareholders according to their shares.

25. A fee shall be charged for the custody of property described or given as security as follows:
a) when the property does not bring income - from BGN 50 to BGN 100 per calendar month;
b) where, in addition to custody, management of the property is also carried out - 20 per cent of the gross monthly income from the property for the period of custody, but not less than BGN 50.
26. (amend. - SG 24/13) For the enforcement of a monetary claim a fee shall be levied on the amount collected as follows:
(a) up to BGN 100 - BGN 10;
(b) from BGN 100 to BGN 1000 - BGN 10. + 10 per cent for the amount over BGN 100;
(c) from 1000 to 10 000 BGN - 100 BGN. + 8 per cent for the amount above BGN 1,000;
(g) from BGN 10,000 to BGN 50,000 – BGN 820 plus 6 per cent on the amount exceeding BGN 10,000;
(d) from BGN 50,000 to BGN 100,000 – BGN 3,220 plus 4 per cent on the amount exceeding BGN 50,000;
(e) above BGN 100,000 – BGN 5,220 plus 2 per cent on the amount exceeding BGN 100,000.

Remarks:
1. In the case of partial collection of a monetary claim, the fee shall be calculated on the total amount of the debt, but only a portion corresponding to the amount collected shall be charged. The fee collected through partial payments shall be equal to the fee calculated on the total amount recovered.
2. In the enforcement of claims for periodic payments, including maintenance, the fee shall be charged once on the aggregate amount of payments made every six months, except in cases of settlement of liabilities for past periods.
3. The fee on amounts received in the case of joinder of creditors shall be charged only by the Enforcement Officer who has collected the amounts on behalf of the joined creditors.
4. Advance fees shall not be included in the amount of the monetary claim.
5. From the fee for the enforcement of a monetary claim, all proportional fees payable by the debtor or the creditor that exceed one tenth of the claim shall be deducted.
6. (new – State Gazette, Issue No. 63 of 2014, effective as of 1 August 2014; enforcement suspended by Ruling No. 10729 of 29 August 2014 of the Supreme Administrative Court – State Gazette, Issue No. 90 of 2014, effective as of 31 October 2014; declared null and void by Judgment No. 13014 of 2 December 2015 of the Supreme Administrative Court – State Gazette, Issue No. 100 of 2015, effective as of 18 December 2015)
27. For the enforcement of interim measures, other than those under Section I, the fees provided for the respective actions in this Section shall be charged.
27a. (new – State Gazette, Issue No. 24 of 2013) The maximum amount of proportional fees shall not exceed:

1. one tenth of the claim — in the cases under items 20 and 26;
2. one tenth of the value of the property/assets — in the cases under items 21 to 24 inclusive;

Section III
Additional Fee
28. An additional fee amounting to 50 per cent of the fee for the respective action shall be charged where the Private Enforcement Agent performs an act of individual enforcement outside working hours or on rest days or public holidays.

Note. No additional fee shall be charged for the performance of the actions under items 20–24.

Section IV
Advance Fee
29. The creditor shall make advance payment in the amounts provided for in the Tariff for the respective action:
(a) standard fees;
(b) proportional fees, with the exception of the fee under item 26;
в) additional fee
(d) additional costs.

Remarks:

1. Where the Private Enforcement Agent has attended the place of enforcement and the enforcement is postponed at the request of the creditor, the fee paid shall remain at the creditor’s expense, and a new fee shall be paid for the continuation of the enforcement.
2. Не се дължат авансово субсидираните такси по раздел V.

Section V
Subsidised Fees
30. Advance fees shall be subsidised in respect of claims for maintenance, for the surrender of a child, and for claims arising out of employment relationships.

Remarks:

1. The fees under this Section shall be claimed by the Private Enforcement Agent for payment from the budget of the respective Regional Court by means of a written application, which shall specify: the full name and registration number of the Private Enforcement Agent, the address of the office, the number of the enforcement case, the legal basis and amount of the subsidised fee due, and the bank account(s) to which the transfer is to be made, as well as the number, the parties and the subject matter of the case on which the writ of execution was issued, and the court that issued it.
2. The Private Enforcement Agent shall reimburse the subsidised fee to the court’s budget after it has been collected from the debtor.

Section V
Additional Costs
31. Additional costs shall consist of expenses for:
(a) (amended – State Gazette, Issue No. 24 of 2013) obtaining information and documents relating to the debtor and/or his or her property;
(b) bank fees and commissions;
(c) ensuring access to, and the opening and closing of, premises;
(d) transport, handling and safeguarding of seized items;
(e) expert witnesses;
(f) custodians;
(g) translators and interpreters;
(h) removal, destruction and sealing of items;
и) придвижване на частния съдебен изпълнител извън населеното място, където е неговата кантора – по 0,50 лв. на километър, но не повече от 30 лв. за едно действие, независимо дали то е изпълнено с едно или повече посещения;
к) (нова – ДВ, бр. 24 от 2013 г. ) заплащане на пощенски и/или куриерски услуги.
Забележка. (Изм. и доп. – ДВ, бр. 24 от 2013 г. ) Допълнителните разноски са за сметка на длъжника, когато за тях е издаден документ по Закона за счетоводството.

Раздел VII
Плащане на таксите
32. При възлагане на частен съдебен изпълнител от друг район да извърши действие по чл. 18, ал. 6 ЗЧСИ таксата, определена за съответното действие в тарифата, се получава от него.
33. Таксите, предвидени в тарифата, се плащат от взискателя при образуване на изпълнителното дело и преди извършване на съответното изпълнително действие.
34. Таксите и разноските по изпълнителното дело се плащат от взискателя и са за сметка на длъжника.