Costs of the Procedures
In Bulgaria, on civil, labor and administrative procedures the general rules establish that the unsuccessful party has to pay the costs of the procedures.
The Civil Procedure costs include the Attorney’s fees, the state claim tax of the court and expenses for gathering of evidences (for example – experts, witnesses).
In Bulgaria when submitting the claim, the claimant is obliged to pay taxes in favor of the court, which is a percentage of the claim. If the claim can not be valued, then the tax is defined by the court. Payment of the state tax in the defined term is condition for moving the case forward.
In relation with the amounts of the attorney’s fees, there is a regulation for the minimum amount of the attorney fees. The fee, agreed between the lawyer and the client can not be lower than the regulated amount.
There is a possibility for each of the parties in the case to make objection that the fee of the other one is excessive – in this case the court may, at his opinion, decrease the amount of the fee.
Until finishing the last hearing on the case, the party should present to the Court the fees of the Attorneys, court taxes and others, and the Court will judge them with the court decision. If the unsuccessful party does not pay the expenses voluntarily, after the court decision comes into force, execution procedure for gathering of the claim is initiated. In this procedure also attorney fees are payable.
If it is established during the case that the unsuccessful party has not become the reason for initiating of the procedure with its behavior, the expenses are payable by the claimer.
The unsuccessful party has the right to claim for his expenses, in case there is a rejection partially of the claim proportionally to the rejected part of the claim. Also the unsuccessful party has the right to receive his expenses in case of termination of the case.
DIMITROVA & Partners LAW OFFICE – Bulgaria.