TARIFF

20. (Amended, SG No. 24 of 2013) For taking an inventory of movable and immovable property, including of securities on hand, the fee is 1.5 percent of the lesser amount of the price of the inventoried item / securities and the sum of the claim but not less than BGN 50.

Remarks:

1. When enforcement is transferred from certain assets to others, regardless of whether these are movable or immovable, there is no new fee if no inventory has been taken.
2. The fee shall be collected in the event of an inventory of assets pursuant to Article 557 of the Civil Procedure Code (CPC).
3. Regarding an inventory of assets within the period for voluntary payment, no fee shall be collected.

21. For seizing and delivering of movable assets, including of pledged property pursuant to the Special Pledges Act, the fee is 2 percent of the value of the assets but not less than BGN 50.
Remark: After a public sale or selling, the fee is at the expense of the buyer.

22. For transfer of possession of immovable property, the fee is 1 percent of the value of the property but not less than BGN 200.

Remark:

1. When the price of the property is not indicated on the writ of execution, the collected fee is based on the property tax assessment pursuant to the Local Taxes and Fees Act.
2. The fee for transfer of possession of an asset after public sale shall be paid by the buyer.
3. For transfer of possession in a family home, the fee shall be BGN 50.

23. For preparing a decree of property award, the fee amounts to 1.5 percent of the sale price but not less than BGN 50 and not more than BGN 3,000.

Note: The fee is at the expense of the buyer.

24. For conducting a public sale of a property, subject to partition, as well as a sale of pledged property pursuant to the SPA or the CCP, the fee is 2 percent of the sale price but not less than BGN 50.
Note: In case of partition, the fee is at the expense of the co-partitioners according to their shares.

25. For keeping tagged or collateral property, the fee is as follows:
а) when the property is not profitable – from BGN 50 to BGN 100 per calendar month;
b) when the property is also managed in addition to being kept – 20 percent of the gross monthly income of the property for the time of keeping but not less than BGN 50.

26. (Amended, SG No. 24 of 2013) For enforcing a monetary claim, the fee is collected on the amount as follows:
а) up to BGN 100 – BGN 10;
b) from BGN 100 to BGN 1,000 – BGN 10 + 10 percent on the surplus above BGN 100;
c) from BGN 1,000 to BGN 10,000 – BGN 100 + 8 percent on the surplus above BGN 1,000;
d) from BGN 10,000 to BGN 50,000 – BGN 820 + 6 percent on the surplus above BGN 10,000;
e) from BGN 50,000 to BGN 100,000 – BGN 3,220 + 4 percent on the surplus above BGN 50,000;
f) over BGN 100,000 – BGN 5,220 + 2 percent on the surplus above BGN 100,000;

Remarks:

1. In case of partial recovery of the monetary claim, the fee is calculated for the entire debt, yet a part is collected corresponding to the recovered sum. The fee collected in partial payments must be equal to the fee calculated on the total amount recovered.
2. In case of enforcement of claim for periodic payments, including for support allowance, the fee is collected only once on the sum total of the paid amounts every six months, except for the cases of repayment of past obligations.
3. The fee on the proceeds in case of accession of creditors is collected only by the private enforcement officer who has collected the sum of the acceded creditors.
4. The amount of the monetary claim does not include the advance fees.
5. All pro-rata fees charged to the debtor or the creditor in excess of one-tenth of the claim shall be deductible from the fee for enforcement of a monetary claim.
6. (New, SG No. 63/1914, in force as of 1.08.2014, suspended with Order No. 10729 of the Supreme Administrative Court of the Republic of Bulgaria – issue 90 of 2014, amended by the SAC Decision no. Rev. Rev. with Decision No. 13014 of the SAC of the Republic of Bulgaria – No. 100 of 2015).

27. For implementing protective measures outside the cases under Section I, the fees are as stipulated for the corresponding activities in this Section.

27a. (New – State Gazette, issue 24 2013) The maximum amount of pro-rata fees shall not exceed:

1. one-tenth of the claim – in the cases under paragraph 20 and paragraph 26;
2. one-tenth of the cost of the property / items – in the cases under paragraphs 21 to 24 inclusive.

28. For engaging in an activity concerning an individual forced enforcement outside working hours, in non-working days and on holidays, the private enforcement agent charges an additional fee amounting to 50 percent of the fee for the respective activity.

Remark: There is no additional fee for performing the activities under items 20-24.

29. The creditor pays in advance the amounts specified in the tariff for the respective activity:
a) the common fees;
b) the proportionate fees, except for the fee under item 26;
c) the additional fee;
d) the additional expenses.

Notes:

1. When the private enforcement agent has gone to the site of the forced enforcement, but it has been postponed at the request of the creditor, the paid-in fee is at the expense of the creditor and a new fee is paid for the enforcement to continue.
2. The subsidised fees under Section V are not due in advance.

30. Subsidised are the advance fees for collecting support money, for handing over a child and for employment relationship claims.

Remarks:

1. The fees under this Section are presented by the private enforcement agent for payment from the budget of the respective district court with a written application where are stated: the private enforcement agent’s full name and registration number, the address of his office, the reference number of the enforcement case, the grounds and the amount of the subsidised fee due, and the bank accounts needed for the transaction, the reference number, the parties involved and the subject of the case concerning which the writ of execution has been issued, and the court that has issued it.
2. The private enforcement agent restores the subsidised fee back to the court budget after it is recovered from the debtor.

31. Additional expenses are the costs for:

a) (Amended – State Gazette, issue 24 of 2013) to obtain information and documents related to the debtor and/or the debtor’s property standing;
b) bank fees and commissions;
c) providing access, opening and closing of premises;
d) transport, handling and protection of seized assets;
e) experts;
f) guards;
g) translators and interpreters;
h) removal, destruction and sealing of property and possessions;
i) transport of the private enforcement agent (PEA) outside the whereabouts of his/her law office – BGN 0.50 per kilometre but no more than BGN 30 per action, whether it consists of one or more visits;
j) (New – State Gazette, issue 24 of 2013) costs of postage and/or courier services.

Remark. (Amended – State Gazette, issue 24 of 2013) Additional expenses shall be borne by the debtor wherever there is a document issued pursuant to the Accounting Act.

32. When a private enforcement agent is commissioned by another region to perform an activity pursuant to Art. 18, para 6 of the PEAA, the fee, the fee specified for this action under the Tariff shall be payable to the latter.

33. The fees, provided for in the tariff, are paid from the creditor upon initiating the enforcement case and before the execution of corresponding enforcement action.

34. The fees and expenses concerning the enforcement case are paid by the creditor and are at the expense of the debtor

Sole paragraph. This Tariff is adopted pursuant to Article 78, paragraph 2 of the Private Enforcement Agents Act.