What you will learn
- What the order for payment procedure is and when it applies
- The difference between Article 410 and Article 417 CPC proceedings
- The full step-by-step process for both types
- What to do if the debtor files an objection
- How to move to enforcement through a private bailiff (ChSI) or state bailiff (DSI)
- The exact costs: court fees, legal fees, and bailiff charges
- The 2025 reform allowing electronic filing
- Answers to the eight most common questions
What is the order for payment procedure
The order for payment procedure (zapovedeno proizvodstvo) is a simplified court procedure under which the creditor files an application with the district court at the debtor’s permanent address or registered office. The court issues an order for payment without holding a hearing and without hearing the debtor in advance. The legal framework is set out in Chapter 37 of the CPC (Articles 410 to 425).
The purpose of this procedure is to provide a fast and affordable mechanism for enforcing claims that are, in substance, uncontested. The proceedings are ex parte: the court examines only the creditor’s application and attached documents.
The order for payment procedure is suitable for:
- Unpaid invoices for goods delivered or services rendered
- Outstanding rent under a lease agreement
- Loans between individuals that have not been repaid
- Unfulfilled contractual obligations to pay a specific monetary sum
- Obligations under promissory notes, bills of exchange, or cheques
- Bank loans with accelerated maturity
- Obligations under notarial deeds with an enforcement clause
The court may refuse to issue an order for payment if the application is defective, the claim is not yet due, the claim is contrary to law or public morals, or the amount exceeds the limit under Article 410 CPC.
Article 410 vs Article 417 — when to use which
| Criterion | Article 410 CPC | Article 417 CPC |
|---|---|---|
| Type of claim | Monetary claim up to BGN 25,000 (~EUR 12,782) or delivery of movable property | Claim supported by a document from the exhaustive list in Article 417 |
| Documents required | Application only (no evidence attached) | Application plus a qualifying document under Article 417 |
| Immediate enforcement | No. The writ of execution is issued only after the objection period expires | Yes. The court issues the order for immediate enforcement and the writ of execution at the same time |
| Debtor notification | The order is served on the debtor before it takes effect | The order is served on the debtor, but enforcement has already begun |
| Objection | The debtor may object within 2 weeks under Article 414 | The debtor may object and may also file a private complaint against the immediate enforcement ruling |
| Best suited for | Standard claims: unpaid invoices, rent, loans | Creditors with strong documentary evidence: banks, notarial deeds, promissory notes |
When to choose Article 410 CPC: If your claim is up to BGN 25,000 and you do not hold a qualifying document under Article 417 CPC, file under Article 410. The procedure is more accessible and does not require attaching evidence to the application.
When to choose Article 417 CPC: If you hold a qualifying document, this route is always preferable. You receive immediate enforcement, meaning you can freeze the debtor’s bank accounts and seize assets before they even learn about the proceedings.
Step by step — Article 410 CPC proceedings
- Determine the competent court
The application is filed with the district court at the debtor’s permanent address (for natural persons) or registered office (for legal entities).
- Complete the standard-form application
You use an approved template issued by the Ministry of Justice. The application must include the creditor’s and debtor’s details, the legal basis of the claim, the principal amount, any claimed interest, and costs.
- Pay the court fee
The court fee is 2 % of the claim value, with a minimum of BGN 25 (~EUR 12.78). Since 1 July 2025, the fee can also be paid online through the Unified E-Justice Portal (EPEP).
- File the application
The application can be submitted in person at the court registry, by post with return receipt, or electronically through EPEP (requires a qualified electronic signature).
- The court examines the application
The court examines the application in closed session and checks whether the conditions for issuing an order for payment are met. The court typically rules within a few business days.
- The court issues an order for payment
If the court grants the application, it issues an order for payment directing the debtor to pay the stated amount within two weeks of service.
- Service of the order on the debtor
The court sends the order for service on the debtor. The 2-week objection period begins from the moment of service.
- Wait for the objection period
After service, the debtor has a 2-week period to file an objection under Article 414 CPC. If the debtor does not file an objection, the order becomes final.
- Obtain the writ of execution
Once the order becomes final, the court issues a writ of execution. With the writ you can open enforcement proceedings before a private bailiff (ChSI) or a state bailiff (DSI).
Step by step — Article 417 CPC proceedings
- Prepare the qualifying document
Documents under Article 417 CPC include: a promissory note, bill of exchange, or cheque; a notarial deed, settlement agreement, or other contract with notarially certified signatures; an extract from the accounting books of a bank; a pledge or mortgage agreement.
- File the application and attach the document
File the standard-form application with the competent district court, attaching the qualifying document in original or certified copy. Pay the court fee of 2 % (minimum BGN 25 / ~EUR 12.78).
- The court issues the order for immediate enforcement and writ of execution
If the court grants the application, it issues both simultaneously. There is no need to wait for the debtor to be notified.
- Open enforcement proceedings
With the writ of execution in hand, you can immediately open enforcement proceedings before a private bailiff (ChSI) or state bailiff (DSI). The bailiff can freeze bank accounts, place encumbrances on real estate, and seize movable property.
- Service of the order and the objection window
The order is served on the debtor by the bailiff together with the invitation for voluntary payment. The debtor may file an objection, but this does not automatically stay the enforcement.
What to do if the debtor objects
When the debtor files an objection under Article 414 CPC, the court does not examine its merits. The court notifies the creditor that they have one month to bring a declaratory claim under Article 422 CPC.
Important: If you fail to bring the Article 422 CPC claim within the one-month deadline, the order for payment is annulled. This deadline is preclusive and cannot be extended.
The declaratory claim under Article 422 CPC is heard under the standard litigation rules. If the claim succeeds, the order for payment remains in force. If dismissed, the order is annulled.
In Article 417 CPC proceedings, even when the debtor files an objection, enforcement continues (unless the court orders a stay). The creditor must still bring a declaratory claim within one month.
Practice shows that the objection rate in Article 410 CPC proceedings is around 20–30 %, meaning that in most cases the procedure concludes successfully without full litigation.
Enforcement proceedings — private bailiff vs state bailiff
Private bailiff (ChSI)
- Operates within the jurisdiction of the regional court where registered but can perform actions in other jurisdictions under certain conditions
- Typically processes cases faster due to lower caseloads and better technical resources
- Fees are regulated by the Tariff on Fees and Costs under the Private Bailiffs Act, though total costs can be higher
- The creditor pays a proportional fee upfront, but may request that it be recovered from the debtor
State bailiff (DSI)
- Operates within the jurisdiction of the relevant district court
- Fees are lower (collected under Tariff No. 1 to the CPC)
- Typically carries a heavier caseload, which can slow proceedings
- Suitable for smaller claims where private bailiff fees would be disproportionate
Regardless of the choice, the bailiff has a wide range of enforcement tools: freezing bank accounts, garnishing wages, seizing movable property, placing encumbrances on real estate, and conducting public auctions.
Costs
| Cost item | Amount | Notes |
|---|---|---|
| Court fee (order for payment) | 2 % of claim, min. BGN 25 (~EUR 12.78) | Paid when filing the application |
| Court fee (declaratory claim Art. 422) | 4 % of claim, min. BGN 50 (~EUR 25.56) | Only if debtor objects |
| Legal fees (order for payment) | From BGN 300 (~EUR 153) upwards | Per Ordinance No. 1/2004 |
| Legal fees (litigation) | Per Ordinance No. 1/2004, Art. 7(2) | For BGN 10,000 claim min. ~BGN 830 (~EUR 424) |
| Private bailiff fee (proportional) | Per Tariff under Private Bailiffs Act | Collected from the debtor |
| Private bailiff fee (interim measures) | BGN 15–50 (~EUR 7.67–25.56) per measure | Per individual freeze or encumbrance |
| State bailiff fee | Per Tariff No. 1 to the CPC | More cost-effective for small claims |
Important: All costs incurred by the creditor (court fees, legal fees within Ordinance No. 1 minimums, bailiff fees) are recoverable from the debtor.
2025 reform — electronic filing
From 1 July 2025, the fully operational electronic filing system became available through the Unified E-Justice Portal (EPEP).
What changed in practice:
Electronic filing is done through EPEP (https://portal.justice.bg) using a qualified electronic signature (QES). The application is completed online via a standardised form that automatically checks for formal deficiencies. The court fee is paid online. Case assignment is automatic. Notifications are delivered electronically.
Advantages of electronic filing:
- Saves time on travelling to the court and queuing at the registry
- Reduces formal errors thanks to automated checks
- Speeds up processing because the application is assigned immediately
- Provides full traceability at every stage of the proceedings
- Electronic filing entitles you to a 15 % reduction in court fees under the Judiciary Act
The system accepts applications from natural persons (not only lawyers), provided the person holds a QES. Documents under Article 417 CPC are scanned and attached as electronic copies, but the court may request the original.
Frequently asked questions
Need assistance?
Contact Innovires Legal for advice on collecting your debt. We will analyse your case, recommend the most suitable procedural route, and represent you at every stage of the proceedings.