Enforcement on the basis of a notarial document — the writ of enforcement
A notarial document is a direct basis for enforcement: upon the written application of the creditor or their successor, the notary issues a writ of enforcement, on the basis of which compulsory enforcement is carried out without a court decision. The application must be accompanied by the notarial document on whose basis the applicant requests the issuance of the writ. Where the necessary grounds exist, the notary issues the writ without requesting documents confirming non-performance of the obligation, which significantly simplifies the procedure.
Authorized to issue the writ of enforcement, in the defined sequence, are: the notary who certified the transaction according to notarial rules, or that notary's successor; and where that notary's authority has been suspended or terminated — another acting notary. Enforcement is allowed on the basis of the original of the writ; where the writ has been lost, the notary issues its certified copy — a duplicate — in the same sequence, and where issuance in this manner is impossible, the duplicate is issued by the Notaries Chamber of Georgia. Enforcement on the basis of a writ issued by a notary is carried out under the procedure established by the Georgian law on enforcement proceedings. Note that appealing the writ, or the notarial document for whose enforcement the writ was issued, does not suspend enforcement.
What the creditor's application must contain
The application of the creditor or their successor for the issuance of a writ of enforcement must contain the following data:
- the identity of the notary to whom the application is addressed;
- the identities or names of the parties and their representatives;
- data on the scope of the unperformed primary and additional obligations;
- an indication that the unperformed claim, for whose enforcement the writ is to be issued, is not dependent on the performance of any counter-obligation of the applicant, or that such an obligation has already been performed;
- the applicant's signature.