What CANNOT be taken by PSI

BFIs (Private Bailiffs) can take various types of property or funds to enforce judgments, but there are certain types of property and funds that are generally protected from enforcement actions.

Non-sequestrability refers to the legal condition in which an asset or income cannot be seized or withheld to satisfy debts or other obligations. This means that such property or income is protected from legal action by creditors or other interested parties.

Enforcement cannot be directed at the following items of the debtor-natural person:

1. items for ordinary use of the debtor and his family, specified in a list adopted by the Council of Ministers;

2. the necessary food for the debtor and his family for one month, and for farmers - until a new harvest, or its equivalent in other agricultural products, if there is none;

3. the necessary fuels for heating, cooking and lighting for three months;

4. the machines, tools, tools and books personally needed by the debtor exercising a free profession or by the craftsman to exercise his occupation;

5. the lands of the debtor-farmer: gardens and vineyards with a total area of up to 5 decares or fields or meadows with an area of up to 30 decares, and the machines and equipment necessary for running the farm, as well as fertilizers, plant protection products and seed for sowing -for one year;

6. the necessary two heads of working cattle, one cow, five heads of small cattle, ten beehives and the poultry, as well as the necessary food to feed them until a new harvest or until the pasture is opened;

7. the debtor's home, if he and none of his family members with whom he lives together have no other home, regardless of whether the debtor lives there; if the dwelling exceeds the housing needs of the debtor and his family members, determined by an ordinance of the Council of Ministers, the excess part of it is sold, if the conditions under Art. 39, para. 2 of the Law on Property;

8. the items and claims provided for in another law as non-enforceable.

Non-sequestrability can apply to various types of property and income, including:

Income: Some types of income, such as welfare benefits, pensions, child benefits etc., can be designated as non-sequestrable, meaning they cannot be withheld by creditors to pay off debts.

Property: In some cases, certain types of property can be declared non-sequestrable, meaning they cannot be seized or sold to pay off debts. This usually includes primary homes, certain means of work (such as tools and equipment for professional activity), and other property that is necessary for the basic needs of the individual or family.

Non-sequestrability was established in order to provide a minimum level of protection for low-income or vulnerable persons by ensuring that they have access to basic means of subsistence and livelihood. It is important to note that the law regarding non-sequestrability may vary from state to state, so it is advisable to consult a legal professional or familiarize yourself with the applicable law in your state for detailed information.

If the performance is directed to the labor remuneration or to any other remuneration for labor, as well as to a pension, the amounts of which are above the minimum wage, only:

1. if the convicted person receives a monthly remuneration in an amount between the minimum wage and twice the amount of the minimum wage - one third if he has no children, and one quarter if he has children he supports;

2. if the convicted person receives a monthly remuneration in the amount between twice the amount of the minimum wage and four times the amount of the minimum wage - one second part, if he has no children, and one third part, if he has children he supports;

3. if the convicted person receives a monthly remuneration in an amount exceeding four times the amount of the minimum wage - the upper limit above two times the amount of the minimum wage, if he is without children, and the upper limit above two and a half times the amount of the minimum wage, if he has children, which endures.

(2) The monthly labor remuneration is determined after deducting the taxes due on it and mandatory insurance contributions.

(3) Limitations do not apply to maintenance obligations. In these cases, the amount of maintenance awarded is withheld in full, and deductions for the convict's other obligations and for past maintenance obligations are made on the balance of all his income.

(4) Enforcement is not permitted on maintenance claims. Scholarships are enforceable only for maintenance obligations.

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Attorney at law Iuila Danova

#3, Dobrotica Str., Varna, Bulgaria

Mob: +359 895 64 59 40

WWW: advokatvarna.com

Email: iulia.danova@abv.bg