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"Ius est ars aequi et boni"
Cornedius Celsus

News:

Principles

     "WE HAVE THE AMBITION, DESIRE AND CAPABILITY TO FULFILL ALL THE ASSIGNED TASKS IN A PERFECT MANNER - QUICKLY, PROFESSIONALLY AND LEGALLY. IN RETURN WE EXPECT FROM YOU AND YOUR REPRESENTATIVES TO ASSIST IN PROVIDING DATA, PAY ATTENTION TO PROFESSIONAL ETHICS IN THE COMMUNICATION, RESPECT OF OUR WORK AND EFFORTS AND CORRECT PAYMENT."

 

PRINCIPLES: Dynamics, flexibility, confidentiality and precision are basic principles in our work.

PRIORITIES: Effectiveness and promptness in proceeding. Compliance of the actions with the law.

 

OUR  ADVANTAGES

EFFECTIVENESS AND PROMPTNESS: My team is well organised and its members are full of energy and good educated young people. As a result, we succeed in carrying out a thorough investigation in a fast and prompt manner and in enforcing immediately precautionary measures.

REMOTE ACCESS TO ELECTRONIC RESOURCES: We are capable to provide a remote access to the PEA`s electronic system which allows You to observe all the cases and the taken actions. Please read our rules and conditions in connection with the remote access.

PRECISION: In case of authorization under Art. 18 of the Private Enforcement Agents Act, it is a practice to take actions deemed to be most expedient and effective for both parties. Hence intentional imposition of taxes is not our practice.

CONSTANTLY IN TOUCH: My team follows strictly a “constantly-in-touch” policy with the debtors and their representatives (by telephone or via e-mail). We keep You always informed about all the actions – taken or forthcoming. Our office workers and PEA are willing to discuss with You all the questions regarding the enforcement proceedings and the necessity of taking particular actions.

PROFESSIONALISM: There are some stated standards of work which we assert. The basic principles pave the way in our work which is also based on legal sources and legal literature.

FLEXIBILITY: We will take into account the specifics of Your primary activity, if any and Your requirements about the preparing and variety of modalities of papers needed by Your accountant.

Bank accounts

BANK ACCOUNTS

FOR MONEY RECIEVED  FROM FEES AND EXPENSES

Holder: BILYANA BOGDANOVA

 

 


UNITED BULGARIAN BANK

BG65UBBS80021073739230, BIC: UBBSBGSF

BG81UBBS80021073739330 – Account for state fees


FIRST INVESTMENT BANK

BG91FINV91501204135924, BIC: FINVBGSF

BG51FINV91501215363715 – Account for state fees


DSK BANK

BG92STSA93000020517717, BIC: STSABGSF


PIRAEUS BANK

BG79PIRB80501605132929, BIC: PIRBBGSF


Bank accounts

Escrow accounts regarding installments received from:

  • voluntary payments;
  • employers and third parties;
  • redemption of debtor`s property.

 

When You fill in a payment order for transfer in the field “detail of the payment” You are required to write Your name, Unique Identification Number (UIN) and the case number. (Click here to see NVC)

Holder: BILYANA BOGDANOVA

UNITED BULGARIAN BANK
BG96UBBS80025073738730, BIC: UBBSBGSF
FIRST INVESTMENT BANK
BG80FINV91507104131537, BIC: FINVBGSF
DSK BANK
BG86STSA93000020517728, BIC: STSABGSF
PIRAEUS BANK
BG92PIRB80501605132889, BIC: PIRBBGSF    

All the payments under the Tariff of fees and expenses to the Private Enforcement Agents Act (PEA Act) could be made in cash in PEA`s office and for each one it would be written out a receipt.

Frequently asked questions

I have received a Notice of voluntary compliance, how should I deal with it?

The Private Enforcement Agent (PEA) informs You about an initiated enforcement proceeding, allows You to fulfill your obligation voluntarily within two weeks and warns You that after the expiry of the deadline PEA could initiate a coercive enforcement without giving a new one. It is considered that You became aware of the creditor’s demand for the very first time and that is the reason to receive a Notary of voluntary compliance as well as a copy of the writ of execution and/ or Order for payment.

ATTENTION! If the Enforcement order is issued under Art. 410 of the Code of Civil Procedure, it is considered that the term for voluntary compliance had been already expired and the Order should have been served to You from the court in the Proceeding of issuing a Payment order. In this situation there is no new term given for discharging voluntary Your obligation.

In case You are not able to fulfill your obligation voluntarily within the given deadline, please contact the PEA to reach an agreement which could satisfy the creditor.

Why is the State a joint creditor?

Under Art. 458 of the Code of Civil Procedure, the State shall be considered a priority a joint creditor in respect of the public receivables. In addition, the PEA shall dispatch a communication to the National Revenue Agency (NRA) regarding each commenced enforcement. The National Revenue Agency shall certify in written whether there are debtor’s public receivables or there are not and their amount. This certificate is a legal base for collection of that receivable. As a result, by that certification the State is considered a joint creditor by law.

Is there any possibility to be adjudged without a notification in advance?

Yes, it is possible. According to the Code of Civil Procedure and in particular the regulations of the Order for payment proceeding it is stated a very simplified procedure for issuing a writ of execution against the debtor. As a consequence of the claimant’s statements the court issues an Order for payment without informing the defendant about it. The PEA is obliged to serve the Order for payment simultaneously with the NVC to the debtor.

Why does my debt ceaselessly increase?

Your obligation consists usually of following receivables:

- receivables, stated in the writ of execution (principal, interest, cost of civil litigation, etc.);
- enforcement expenses;
- fees under the Tariff of the fees and expenses to the Private Enforcement Agents Act (PEA Act).

In conclusion, it is important to make it clear that the debtor shall pay not only the amount due, but also fees and expenses for the enforcement proceedings and pro rata fees.

I do not want to cooperate with the PEA. What could be the consequences?

You are obliged to not obstruct the enforcement proceedings and to observe the PEA's orders. In case of serious infringement You are criminally liable. The PEA has the right to require assistance from the police which is obliged to do so.

Why are my bank accounts and my rumineration garnished without notification from the PEA?

The law authorizes the PEA simultaneously with the dispatch of the NVC also to take garnishment actions against the debtor’s receivables and property.

What is the amount of the deductions from debtor's salary?

On one hand, the amount of the deductions depends on the remuneration’s amount and the fact if You are bound for giving a maintenance to minors.

On the other, the deductions are defined by the debtor’s employer in accordance with the received remuneration as follows:

Article 446. (1) (Amended, SG No. 50/2008, effective 1.03.2008) If the
enforcement is levied against a labour remuneration or against any other
remuneration for work whatsoever, as well as against a pension to an amount
exceeding the minimum wage, only the following shall be withheld:

1. if the person found against has a monthly income not exceeding BGN 300:
one-fourth, if the person has no children, and one-fifth, if the person has any
children maintained thereby;

2. if the person found against has a monthly income exceeding BGN 300 but not
exceeding BGN 600: one-third, if the person has no children, and one-fourth, if the
person has any children maintained thereby;

3. if the person found against has a monthly income exceeding BGN 600 but not
exceeding BGN 1,200: one-half, if the person has no children, and one-third, if the
person has any children maintained thereby;

4. if the person found against has a monthly income exceeding BGN 1,200: the
excess over BGN 600, if the person has no children, and the excess over BGN 800,
if the person has any children maintained thereby.

(2) (New, SG No. 50/2008, effective 1.03.2008) The monthly labour
remuneration referred to in Paragraph (1) shall be determined by deducting the
taxes and compulsory social insurance contributions due on the said remuneration.

(3) (Renumbered from Paragraph (2), SG No. 50/2008, effective 1.03.2008) The
limitations covered under Paragraph (1) shall not apply to any maintenance
obligations. In such cases, the amount for maintenance as awarded shall be withheld
in whole, and the deductions covered under Paragraph (1) for the other obligations
of the party found against and for maintenance obligations for a past period shall be
made on the balance of all income accruing to the said debtor.

(4) (Renumbered from Paragraph (3), SG No. 50/2008, effective 1.03.2008) Coercive enforcement against
receivables for maintenance shall be inadmissible. Coercive enforcement against student grants shall be
admitted solely in respect of maintenance obligations.

Although the employer makes regularly deductions from my salary and wages, I cannot dispose
with the rest of my income. What is the reason for that?

The PEA does not have the whole information about the origin of the money in debtor`s bank account.

In such situations it is highly recommended to communicate with the PEA and to provide a required
documents to solve the problem.

I am a guarantor, why are my bank accounts/ my rumineration also garnished?

Generally, as a guarantor You and the debtor are jointly liable for all the amount due. The creditor does shall not observe any priority in the discharging of the obligation.

After the guarantor had fulfilled the obligation, he has the right to subrogate i. e. the right to demand from the debtor all the payments made. Moreover, his receivable is up to the amount paid.

Are fees and expenses for the enforcement proceedings payable after I have discharged the
obligation to the creditor?

Though the debt is discharged directly to the creditor after receiving of the NVC, the remaining fees and expenses for the taken actions during the enforcement proceeding are still payable.

Under Art. 79, par. 2 of the Code of Civil Procedure, all pro rate fees are payable by the debtor.

What is a Notice of voluntary compliance?

Р Е П У Б Л И К А Б Ъ Л Г А Р И Я
К А М А РА Н А Ч А С Т Н И Т Е С Ъ Д Е Б Н И И З П Ъ Л Н И Т Е Л И

Изпълнително дело
Изходящ №: 10000 / 01.01.2014 г.
Изготвил: Биляна Богданова

БИЛЯНА БОГДАНОВА
ЧАСТЕН СЪДЕБЕН ИЗПЪЛНИТЕЛ
РАЙОН НА ДЕЙСТВИЕ: СОФИЙСКИ ГРАДСКИ СЪД

ПОКАНА ЗА ДОБРОВОЛНО ИЗПЪЛНЕНИЕ

ДО:
ГЕОРГИ ИВАНОВ ГЕОРГИЕВ

гр./с. София - 1000

С Изпълнителен лист издаден на 01.01.2014 г. от РАЙОНЕН СЪД СОФИЯ на основание Заповед за незабавно изпълнение (чл.417) по ГД № 1111 от 2011 г. на РАЙОНЕН СЪД СОФИЯ, ВИЕ, ГЕОРГИ ИВАНОВ ГЕОРГИЕВ C ЕГН 1010101010, СТЕ ОСЪДЕН ДА: заплатите следните суми, в полза на взискателя/те/: ХХХХХХХХХХХХХ C ЕИК 000000001.

възлиза на 1 100,00 (хиляда лева и нула
стотинки)лв., от които Главница в размер на 500,00 лв. с/със Законна лихва в размер на 50,00 лв. за
периода 01.01.2012 г. - 01.01.2014 г. ; 200,00лв. - присъдени разноски в гр. п-во; 200,00лв. - разноски по
изпълнителното дело; 150,00 лв. - такси по Тарифата към ЗЧСИ , дължими към 01.01.2014 г.

За начислените по Тарифата към ЗЧСИ такси е издадена № 0000010100 / 01.01.2014 г.

 На основание чл. 428, ал.1, изречение второ от ГПК, Ви каня в двуседмичен срок от връчване на
настоящата ПОКАНА, да изпълните доброволно задължението си. Ако НЕ СТОРИТЕ ТОВА в дадения
срок, ще пристъпя към принудително изпълнение по реда на ГПК.

 На основание чл. 428, ал. 2 от ГПК Ви уведомявам, че за обезпечение вземането на взискателя е
наложен запор върху вземането Ви за труд, което имате към ХХХХХХХХ ООД.

На основание чл. 428, ал. 2 от ГПК Ви уведомявам, че за обезпечение вземането на взискателя е
наложен запор върху вземанията по всички притежавани от Вас банкови сметки – левови/валутни,
депозити, вложени вещи в трезори, съдържание на касети, суми предоставени за доверително
управление открити при БАНКА ХХХХХХ ЕАД, ХХХХХХХХХ ЕАД, ХХХХХХХХХХ АД,
ХХХХХХХХХХХ АД.

Дължимите суми следва да преведете по:
Обединена българска банка АД,
IBAN BG96UBBS80025073738730,
BIC код UBBSBGSF,
с титуляр Биляна Иванова Богданова, като посочите номера на изпълнителното дело, годината,
име/ наименование на вносителя /длъжника/.

Приложено, изпращаме Ви препис от подлежащия на принудително изпълнение акт.
С писмена молба, можете да заявите желание да ползувате правна помощ, при необходимост и
право за това.
При явяване носете ДОКУМЕНТ ЗА САМОЛИЧНОСТ!
Забележка: Вижте указанията на гърба на поканата!

Частен съдебен изпълнител, рег.№ 856:..........................................

/Биляна Богданова/

Specifics by child support enforcement proceedings

In case the subject of the enforcement proceedings is an obligation for maintenance it would be stated clearly in the garnishment. As a result, You should take into account the following specifics:

 

Firstly, the amount of the deductions from the debtor’s remuneration under Art. 446 of the Code of Civil Procedure (CCP), is not applicable concerning a child support enforcement proceedings. Moreover,  the garnish is considered to have been imposed on the whole amount of the salary and the employers is required to fully withhold it.

 

Secondly, for securing the fulfillment of the obligation for maintenance under CCP, Art. 512, par. 4 the employer is obliged to enter the garnishment into the debtor’s civil service or employment work book. Generally this action should be taken by the person who pays the remuneration. If the debtor takes up employment with another employer or at another institution, his remuneration should be withheld further according to the entry.

 


ATTENTION! THE PEA IS UNDOUBTEDLY AUTHORISED TO DECIDE WHETHER THE OBLIGATION IS FULFILLED OR NOT. FURTHERMORE, IT IS POSSIBLE TO CEASE THE WAGE DEDUCTION ONLY AFTER PEA'S ORDER.


EVERY PERSON WHO PAYS THE REMUNERATION TO THE DEBTOR NOTWITHSTANDING THE IMPOSED GARNISHMENT AND WITHOUT WITHHOLDING THE AMOUNT UNDER GARNISHMENT IS JOINTLY WITH THE DEBTOR FOR ALL THE AMOUNT PAID.

Service of documents

DEAR EMPLOYERS,

 

In my position of PEA I am authorized under Art. 431, par. 3 of the Code of the Civil Procedure, to dispatch You a set of documents which includes garnishment, Notary of voluntary compliance (NVC) – in two copies and an Application under Art. 508 of the Code of Civil Procedure.

Please let Your respective officers in this regard enter the given Application under Art. 508 of the Code of Civil Procedure precisely and serve the Notice of voluntary compliance (NVC) with a copy of a writ of execution to the debtor and fill in the backside.

 

We are appealing for Your assistance in service of  NVC because we wholeheartedly believe that this is the fastest and most effective way to reach the debtor – Your employee as well as to help him to take actions.


 

All the filled-in documents and in particular the NVC and the Application under Art. 508 of Code of Civil Procedure You shall send to the PEA's office for adding to the case.

In addition, to comply with the term given by the Code of Civil Procedure it is possible to send the documents via e-mail to office@bbogdanova.com. However, this action does not preclude Your obligation to send the original documents.

 

ATTENTION! PARCELS WITH CASH ON DELIVERY WOULD NOT BE ACCEPTED!

Frequently asked questions

Suggested answers to the notice under Art. 508 from The Code of Civil Procedure

By the question “Do You admit the receivable and are You ready to make deductions from the salary?” You should take into account the term “receivable” which refers to the debtor`s remuneration. In addition,You are also obliged to inform the PEA not only whether the debtor is your employee, but also whether he receives any remuneration for his job.

In case the debtor is not your employee, please send the PEA the relevant documents which prove Your statement, for instance, documents for termination of employment, etc. The second part of the same question requires You to declare Your ability to fulfil Your obligations as a third party i.e. payment period, amount of the deductions etc.

The questions “Are there any other claims on the same receivable?” and “Are there other garnishments?” You have to answer if there have been imposed other garnishments or pledges on the same receivable. In case such claims are at hand, You
should inform the PEA about their type and about the parties who claim it.

What are the duties of the Employer as a Third party in the enforcement proceedings?

In Your role of a third party in the enforcement proceedings You are obliged to do the following:

In the first place, You should notify the PEA within three days from the receiving of the Application under Art. 508 of the Code of Civil Procedure by sending the filled-in Application to the PEA`s office.

Secondly, You have to make monthly deductions from the debtor`s remuneration in accordance with the procedure under art. 446 of the Code of Civil Procedure.

Finally, when there have been made any changes in the Employment contract, please inform the PEA as soon as possible.

How to calculate the minimum wage indicated in art. 446 from the Code of Civil Procedure?

It is useful to know that the amount of the minimum wage is defined by the government and is indicated in Art. 446 of the Code of Civil Procedure. The monthly deductions are based on the debtor’s net income.

What are You expected to do if there are imposed more than one garnishment on the same rumineration?

First of all, You are required to inform the PEA about the other claims and garnishments on the receivables of your employee.

Additionally, it is very important to take into consideration that You are not authorised to define the deduction`s amount. It is the PEA who has the right to give the third parties orders how to deal with such situations.

To sum up, You are obliged to do regular payments under the first garnishment imposed.

What are the consequences when the third party refuses to contact with the PEA about the garnishment and the required payment or does not want to follow the PEA`s orders?

The third party shall notify the PEA whether there are imposed other garnishments or pledges on the debtor`s remuneration and when he or she would be ready to make payments. In fact, there is given an extremely tight deadline for action – the notification to the PEA should be given within three days. In case You are unwilling to follow the PEA`s orders and to make deductions and payments, the PEA is authorised to impose You a fine.

In addition, every person who pays the remuneration to the debtor notwithstanding the imposed garnishment and without withholding the amount under garnishment is jointly liable with the debtor for all the amount paid under Art. 512, par. 3 of the Code of Civil Procedure.

From which moment is the employer not obliged to make further deductions from the debtor's rumineration?

The employer has to cease making deductions after he receives the PEA's notice for the lifting of the garnishment.

It is important to take into account the fact that the PEA is the only authorized to make judgments whether the garnishment could be lifted. However, if You decide independently to stop payments, You could be sanctioned for your actions.

Deductions from compensation under Chapter Ten, Section Three of the Labour Code, under the Social Insurance Code and under the Social Assistance Act.

On one hand, there is a huge difference between the remuneration and compensation under the Labour Code. Moreover, there is no prohibition by the law to garnish these receivables, because they are not guaranteed under Art. 446, par. 1 of the Code of Civil Procedure and should be fully withheld. As a result, You are required to make payments in connection with the garnishment imposed if there is any compensation.

On the other hand, compensations under the Social Insurance Code and under the Social Assistance Act are subject to a particular procedure and the imposition of any garnishments is not allowed.

About Us

Vision and principles

I work with emotion, ambition and great willingness for reaching the final goal in the enforcement process – full debt collection. I am self-demanding and very strict to my work. I insist on the details and I seek perfectionism. These are also the requirements towards my team’s work.

Team

Our work is based on domination of the law, dynamics, flexibility, confidentiality and precision. Our mission is to provide our clients promptness and opportunity to make the most appropriate decision which guarantees efficiency in implementation.

 

Open positions and Internships

We value the team and we aim for growing together. We carefully choose our team members and in the selecting process everyone is playing a role. The members of our team are full of energy young people who have liberty of action and expressing an opinion in the frame of the law and the professional ethics.

 

Team

PRIVATE ENFORCEMENT AGENT

     “I work with emotion and ambition for reaching the final goal in the enforcement process – full debt collection. I am self-demanding and very strict to my work. I insist on the details and I seek perfectionism. These are also the requirements towards my team’s work.”

 

BILYANA BOGDANOVA

Private Enforcement Agent

Interview of PEA Bilyana Bogdanova for Economic Magazine

DEPUTY ENFORCEMENT AGENTS

 

 

Elena Georgieva

+359 886 970 005

e.georgieva@bbogdanova.com


Svilen Kostadinov

+359 887 771 837

s.kostadinov@bbogdanova.com


LEGAL ADVISORS

 

 

SONY DSC

 
 
 
 

OFFICE ASSISTANTS

 

 
SONY DSC

 

Tel.: +359 886 798 926

E-mail: office@bbogdanova.com

 
 
 
 

SERVICE OF DOCUMENTS

 

 

Georgi Mladenov

+359 889 809 194

Kirilka Ilieva

+359 884 702 595

 

Open positions and internships

SONY DSC

We value the team and we aim for growing together. We carefully choose our team members and in the selecting process everyone is playing a role. The members of our team are full of energy young people who have liberty of action and expressing an opinion in the frame of the law and the professional ethics.

 Everyone is treated with respect and is given a chance for self-development and improvement. We expect personal liability, professionalism and self-dedication from everyone.

 If you are interested and you are willing to become a part of our team, do not hesitate to send us by email your curriculum vitae, a recent photo, cover letter and a recommendation of previous employer.

INTERNSHIPS

 

You are a law student and you have a desire:

  • To take a look beyond the frame of the academic theory;
  • To feel the working atmosphere of our office;
  • To play a role in solving legal issues;
  • To get to know closely the profession of the PEA.

 

And all of this as a part of a young ambitious team of professionals. We will gladly give you the opportunity for a certain period of time, send us Your CV, cover letter and recent photo. We will contact you!

INTERSHIP PROGRAME

 

The Office of Private Enforcement Agent Bilyana Bogdanova organizes a six-month intership programme for upper courses students of Law studies. The programme begins with an introducing practical training for acquiring common knowledge concerning the daily activity of the Private Enforcement Agent and later enters the second part of the training including a practical tuition in the office, as the students are delivered with a possibility to practice the basic activities in the following modules:

  • Register Office (incoming, outgoing correspondence and register of filed cases)
  • Filing system
  • Filing of enforcement cases
  • Archiving
  • Parties in the enforcement proceedings
  • Process Serving
  • Inquiring of the debtor’s property
  • Basic enforcement methods etc.

The modules are obligatory and the trainees and go through all the stages by order defined by The Private Enforcement Agent depending on the needs of the working process in the office. The trainees are appointer by the Private Enforcement agent with an employment contract for a minimum working time of 4 hours and a monthly remuneration on the basis of minimum wage.

 

The intership programme ends with the issuing of a Certificate for successfully passed intership programme. The successfully passed trainees who have worked with an interest and enthusiasm are listed in a special date base and in case of necessity for recruiting new employees for vacant positions are treated with preference over the others.

Legal sources

Court reports

По дела на ЧСИ Биляна  Богданова

Обжалване действията на ЧСИ

Изпълнение върху недвижими имоти

Отговорност на ЧСИ за вреди по чл. 45 от ЗЗД

Призоваване

Такси и разноски по изпълнението

Запори и възбрани

News

Contacts

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Contact Us

Sofia, postal code 1000,

19 Vitosha Blvd.

tel./fax: +359 2 986 09 54

tel.: +359 2 980 00 91

Clerk
mobile.: +359 886 798 926

mobile.: +359 882 431 989

e-mail: bibogdanova@gmail.com

Work hours: 9 a. m. – 6 p. m.

PEA: every working day from 3 p.m. until 6 p.m. (after an appointment by phone).

For a meeting with a legal advisor: every working day from 2 p.m. until 4 p.m.