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01.08.2024

Compensation for pain and suffering due to psyhological harassment

By its decision of 31 July 2024, the Supreme Court of Cassation ruled on a claim for tort for non-pecuniary damages caused by a debtor against the collection company EOS Matrix EOOD, which, as a creditor, exerted psychological harassment on the plaintiff through telephone calls and sending text messages containing false information about the amount of the debt, which had an adverse effect on his state of health.

The plaintiff did not establish how many phone calls and text messages were sent to him before the due date of each installment. He also did not prove that this happened at the wrong time when people usually rest (at night or in the early morning hours). However, the court considers it unlawful to send a text message (SMS) to the debtor for an amount that significantly exceeds the total amount of the debt, especially since a large part of the receivable has already been repaid.

In the case, it was established that on the date on which this message was received, the plaintiff was examined by a doctor, and an acute stress reaction was found. Insofar as no evidence of other reasons for this condition has been involved in the case, the Supreme Court of Cassation considers the causal link between it and the text message to be proven.

Since the plaintiff has not proven other non-pecuniary damages or the duration of the stressful state for more than one day, the court accepts that the non-pecuniary damages suffered are within the usual range of a short-term stressful state and determines as fair compensation for them an amount of BGN 500.