The Statement of Claim and Its Mandatory Contents
Civil asset recovery before the courts begins with a properly drafted statement of claim, which must indicate the court, the parties and their addresses and contact details, the subject of the dispute, the price of the claim, the facts, the demands, the legal grounds and the evidence. The claim must be accompanied by the document confirming the representative's authority and the original confirming payment of the state duty, and it must be submitted to the court with as many copies of the claim and attached documents as there are defendants. The plaintiff may also move that the defendant be ordered to produce evidence in its possession, that institutions be instructed to submit documents unlawfully refused, and that witnesses be summoned; the claim may also state positions on hearing without an oral session and on court mediation. Where the claim is filed by a legal entity, an individual entrepreneur or a representative other than a legal representative, an e-mail address and telephone number must be indicated, and the plaintiff or representative may also give the details of a contact person. The claim may likewise invoke the norms of the European Convention on Human Rights and its protocols and the precedents of the European Court of Human Rights which, in the plaintiff's opinion, substantiate the demands. Where the plaintiff cannot for a valid reason submit the evidence together with the claim, this must be indicated in the claim, and a reasonable period for its submission may be demanded. The claim is signed by the plaintiff or an authorised representative.
The Application for Securing the Claim
A claim for the return of property or compensation is practically valuable only if the judgment can be enforced; the plaintiff therefore applies for securing the claim, indicating circumstances under which non-application would impede or make enforcement impossible, hinder the exercise of the disputed right, or cause irreparable damage not compensable by the defendant. The application must also justify the measure sought. Where the circumstance exists, the court issues a ruling; the measure rests on the court's assumption that the claim may be satisfied, which does not affect the final decision. Attachment of immovable property requires a registry certificate or an ownership document; on defects the court grants a period for cure, failing which the application is left unexamined and may be appealed.
The List of Security Measures
Which measure is applied is decided by the court in accordance with the plaintiff's application. The measures include attachment of the defendant's property, securities or funds; prohibition of specific actions; transfer of an item to the bailiff as sequestration — compulsory administration; prohibition on third persons transferring property to the defendant; suspension of the realization of property claimed for release from attachment; suspension of a disputed act of a state or municipal body, of enforcement documents in housing cases and of authority in cases of deprivation of representative or managerial powers. Other measures may be applied where necessary, and several may be combined; a Constitutional Court decision has declared part of the sequestration norm void, so that measure requires particular caution.
Restrictions on Application in the Financial Sector
The measures do not extend to certain assets: financial collateral, settlement accounts of payment system participants, covered-bond assets, lottery prize funds, the segregated account of the compulsory insurance fund, brokers' consumer accounts and pension assets as defined by law. A bank in resolution is special: on the National Bank's address, measures are not applied and applied ones are suspended for a period not exceeding 90 days; the judge rules within 1 day, and if the regime ends earlier the suspension is lifted. The defendant's identity and the asset thus determine in advance whether securing is possible.
Frequently Asked Questions on Asset Recovery and Securing
Below we answer concisely the questions most often asked about asset recovery and the securing of claims.
What must a statement of claim contain?
Exact indication of the parties and their addresses, the subject of the dispute, the price of the claim, facts, demands, grounds and evidence, with copies corresponding to the number of defendants.
When does the court issue a securing ruling?
Where non-application would impede or make enforcement impossible or cause irreparable damage; for attachment of immovable property, a registry certificate or ownership document is required.
What measures exist?
Attachment of property, securities and money, prohibition of actions, sequestration, prohibition of transfer by third persons, suspension of an act or of enforcement; where necessary, several together.
Does a measure cover every asset?
No — financial collateral, payment system accounts, prize funds and other protected assets are excluded, and a special suspension regime of up to 90 days applies to a bank in resolution.
Can the application be returned?
Where there is a defect the court grants a period for cure; if it is not cured, the application is left unexamined, which is subject to appeal by complaint.
How We Help on Legal.ge
The lawyers of Legal.ge will help you prepare the claim and motions, justify the securing application and choose between attachment, sequestration or other suspension, as well as challenge improper measures applied against you. Contact us — timely securing in a property dispute often decides the case.