In the "Private Case" segment of the "Law and Themis" programme on Bulgarian National Radio's Hristo Botev channel, attorney Petar Nikolov, the programme's legal consultant, spoke with Anelia Toroshanova about how people can protect themselves against the actions of a private enforcement agent. Source: the original BNR report and audio (in Bulgarian).
The case
The mother of a son with a 100% recognised disability learned by chance that enforcement cases had been opened against him and that a property in Sofia had been attached. A check showed that between 2014 and 2023 the district heating company had obtained three judgments against him and handed the writs of execution to a private enforcement agent.
Why an exempt pension is not fully protected
A pension below the national minimum wage is exempt from enforcement by law. According to Nikolov, however, if the money is not withdrawn every month and the account is garnished, the accumulated balance is treated as savings that the enforcement agent can collect. In this case, substantial sums saved over the years were withdrawn from the account. Nikolov notes that this follows the case law of the Supreme Court of Cassation, with which he disagrees.
What can be done
Anyone can check whether enforcement cases have been opened against them through the Register of Debtors maintained by the Chamber of Private Enforcement Agents. The specific steps Nikolov recommends can be heard in the full BNR audio recording.
In enforcement proceedings it is important to seek individual legal advice promptly, as the deadlines for objections are short. This article summarizes a publicly reported interview and is not individual legal advice.