LITIGATION, lawsuits AND Dispute resolution

We practice in the Bulgarian courts, where we provide legal representation of parties (claimants or defendants) in relation to various lawsuits and civil procedures.

We are bona-fide lawyers who can prepare and perform various cases, mostly in the sphere of debt recovery, torts, non-performance or breach of contract, failed property developments or real estate purchases/sales, inheritance disputes, unsettled divorce relations, etc. Usually forming a case involves a lot of associated legal work, that has to be done precisely and with professionalism by legal practitioner.

Often the procedure of burdening and seizure of assets of the other party for the term of the lawsuit is needed as well, where it involves preliminary investigation of the available assets, considering that it would be pointless to throw good money after bad for suing someone who obviously has no money and no assets. So we always pay great attention to every particular case in order to choose the right path for protection the interests of the client as most as we can, and to reach convenient results for them.  Many of the cases we discuss together for achieving the best solution of the legal issue. Below is a list of some of the spheres of our court practice:

 

Tort claims and injury claims

We provide legal advice on various tort events, incl. personal injury claims (criminal, labor or car accident claims) and pecuniary damages/loss of profit, and we form and perform tort lawsuits at the Bulgarian courts of law.

We can prepare personal injury claims too. We practice as personal injury lawyers and we deal with cases of defamation and/or insult or derogatory. We are offering legal representation in tort lawsuits at the local Bulgarian courts that are related to compensation for slander and all other types of offence, initiated by and/or against journalists, media, public personalities, etc., where we have good court experience.

 

Legal representation on insurance claims in Bulgarian court

We are practicing as Bulgarian insurance lawyers where we offer legal assistance in court towards insured parties and injured on road accidents and other types of accidents.

The insurance claims against Insurance companies often rise after injuries, damages and torts, where the wrongdoer has got a valid insurance policy (i.e. third party insurance). This is why these claims are called “third party insurance claims”. Their role is to compensate the victim for all suffered damages and injuries, which have been caused by the wrongful action. The legal services we provide in our capacity of Bulgarian attorneys at law include legal consulting and court representation on insurance claims and objections against refusals by insurance companies to compensate; as well preparation and lodging of claims for damages under the Insurance Code.

 

Lawsuits and legal disputes concerning Bulgarian real estate

In situations where buyers have not received Title although they have paid the purchase price and the sellers does not perform their own obligations to transfer ownership to the buyer, we can pursue receipt of ownership either in the path of voluntary negotiations or in court via lodging the specific claim per Art.19, al.3 of the local Contracts and Obligations Act. This event usually happens where there is a breach of contract by the vendor, so the local Law entitles the buyer to claim in court receipt of Title for the said property (since the private purchase contract does not create directly any ownership rights).

The issued court decision replaces the missing Title Deed and services the same legal role to protect the buyer; this is why it is then registered in the Land Register as any other deed to proclaim and defend ownership against third parties. In our capacity of independent civil attorneys we lodge and perform property disputes at the local court of law, to reach court deed.

In addition, a failure of acquiring Title (due to various reasons – non-completion, dispute between sellers, impossibility of the seller to perform, existence of mortgages or other legal burdens in favor of third parties on the property, etc.) may lead to litigation claim against the vendor for refund of investment (plus interest), which is also part of our legal services which we offer in Bulgaria, where we have good court practice on this matter. In our sphere of legal activity we have represented many foreign property buyers in court for successful refund of their investment, initially made off-plan developments in Bulgaria that failed later.

 

Execution procedures before Bulgarian bailiffs

The execution procedure against assets of the judgment debtor is the logical final step of court proceeding, where writ of execution has already been granted by the court towards the creditor/claimant, but the debtor still does not want to pay voluntary the debt.

Via performance of seizure of the debtor’s available assets by the local bailiff, they collect the debt for the creditor. Therefore we provide full legal representation related to obtaining payment warrant from the Bulgarian court, for initiating execution procedures before the local private or governmental bailiffs in Bulgaria and actual collection of the debt on behalf of the client, where we have huge legal practice. It is important to point here that in order to reach successful collection of the debt we investigate and pursue advanced security via burdening of debtor’s assets within the litigation court procedure.

 

Legal representation on corporate lawsuits in Bulgarian court

We offer legal representation on company claims against local business entities in relation to non-performance of business deals and signed contracts; as well legal representation on claim by shareholder(s) against decisions taken by Minutes of Meetings of shareholders of the corporate entity, claims against the company manager and against other shareholder(s); claims for pulling-out of Bulgarian corporate entity, termination of participation of shareholder, etc.

 

Insolvency, bankruptcy and liquidation procedures

So far the Bulgarian Law allows insolvency and bankruptcy for corporate bodies only, and yet not for private individuals. Creditors of such companies-debtors that are not able to cover their own debts, are entitled to claim in the Bulgarian court for placing debtors into insolvency statute, with the goal to reach sale or distribution of the debtor’s assets and respectively – repayment/collection of the debt. It is important to be noted here that the insolvency procedure is the last option for creditors for debt recovery; and once ended with liquidation of the company-debtor, usually any unpaid debts can’t be chased any more.

In our capacity of Bulgarian bankruptcy lawyers we offer legal representation for initiating proclaiming of insolvency of a debtor before the local court and the Bankruptcy register, and where it has been approved – actual participation in the insolvency procedure and the distribution of the pot of assets owned by the debtor. In our practice we use to represent foreign creditors of local companies, at the insolvency procedure where to protect their legal and financial rights before the court and the appointed by the Bulgarian court trusted assignee in relation to the receivership.

 

Legal representation of debtors in relation to consumer credits and mortgage loans

We provide legal advice and representation in all cases where you may need legal protection in relation to consumer credit or mortgage loan by local bank, quick-cash credit company or other financial entity. We can represent debtors before bailiffs on initiated execution procedures, in order to protect the debtor’s interests. We perform negotiations with creditors for amendment of non-maintained repayments, and for out-of-court settlement of disputes between debtors and creditors, where we pursue the best terms and conditions for the client.

We also provide legal representation on court or arbitration lawsuits, initiated by, or lodged against banks, quick-cash providers or other financial entities, including in cases of unsettled disputes related to unpaid consumer or mortgage loans and in case of eventual insolvency. Being lawyers we also provide legal representation before the local Commission for Protection of Consumers in relation to claims for unfair terms and conditions in loan contracts.

 

Family and succession legal disputes in Bulgaria

The Bulgarian Family Law is also a sphere of our legal practice. We offer legal assistance and representation in divorce proceedings at local Bulgarian courts, including on lawsuits related to partition of assets due to legal separation or divorce proceedings; court cases for parental rights, for (Bulgarian) origin and lawsuits for alimony or maintenance. Our Bulgarian Law firm also renders the following services in the sphere of Family and Inheritance Law: Legal advice on rights of succession and representation in cases of distribution of inheritance (voluntary or juridical partition of succession). If you need Family Law attorney for legal matters in Bulgaria, feel free to contact us.

 

Lawyers dealing with court cases of home violence

We provide preparation and lodging at the Bulgarian court of law requests under art. 7 and 8 of the local Protection against Home Violence Act; as well full legal representation of applicants or defendants in court during these procedures.

 

Legal assistance in court against local utility suppliers

The legal services we offer, also include civil representation in relation to lawsuits involving “Toplofikatsia Sofia” EAD, “Sofiiska voda” AD and other local utility suppliers, which may have claims against you.

* This is one of our legal services, which include legal advice online. 

**According to our Law, free legal advice could be given by Bulgarian litigation lawyer only to relatives, other Bulgarian lawyers or indigent people. 

Contact us for more information and guidance – http://lexsofia.com/contacts/

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