Interim Measures and Fighting Them
The application by a court of interim measures — including the seizure of property — is often the most sensitive issue for a business: accounts are blocked, property can no longer be sold, and the defendant must act. The Civil Procedure Code of Georgia regulates these measures with clear rules — from the requirements of the application to the deadlines for appeal and the compensation of loss. This page explains how the mechanism works and where the defendant's keys of defence lie.
How a Measure Is Applied
The plaintiff applies to the court with an application for interim measures, indicating the circumstances under which the non-application of the measure would impede or make impossible the enforcement of the decision or cause irreparable damage to the plaintiff. The court's ruling rests on the assumption that the claim may be satisfied — this reasoning does not prejudge the final decision. Where seizure of immovable property is requested, the application must be accompanied by a certificate from the public registry or a document confirming the defendant's ownership; where there is a flaw, the court grants a deadline, and failure to cure it leaves the application unexamined. The measures themselves are diverse: seizure of property, securities or funds; prohibition of the performance of a specific action by the defendant; a prohibition on other persons transferring property; suspension of the realization of property; suspension of the operation of a disputed act and others. Where necessary, several measures are admitted simultaneously.
Appeal and Suspension
A ruling on refusal of interim measures, on their cancellation, on the replacement of one kind by another, on the change of the subject or on consent to the separation of seized property may be appealed. The appeal deadline is 5 days, it cannot be extended, and it runs from the moment the ruling is delivered to the party. Importantly: filing an appeal against a ruling on cancellation or replacement suspends its enforcement — this is one of the defendant's most effective instruments. The law also limits the extension of measures to certain financial spheres, and, on the application of the National Bank, measures applied to a commercial bank are suspended in a resolution regime for a defined term not exceeding 90 days; the judge issues the ruling within 1 day of the application.
Compensation of Loss and the Guarantee
Where the court considers that the measure may cause loss to the defendant, it may apply the measure and simultaneously require of the plaintiff security for the compensation of the expected loss; the guarantee may also be applied on the application of the opposing party. The plaintiff must provide the guarantee within the term set by the court, not exceeding 30 days — otherwise the measure is immediately cancelled. Where the measure proves unjustified — for example, the plaintiff's claim was refused — the party in whose favour the securing was made must compensate the loss. These rules give the defendant real instruments: demanding a guarantee, suspending enforcement through an appeal and claiming compensation of loss.
The asymmetry of time is the interpretive axis of these proceedings: the respondent's appeal term is 5 days and is not subject to extension, while the claimant's guarantee term stretches up to 30 days — two instruments, one chronology. In a resolution regime the suspension of measures against a bank lasts up to 90 days, and the judge issues the ruling within 1 day of the application — these steps read together the speed of the court's reaction and the parties' calendars.
The practical conclusion is written with three keys: an appeal in the very first days — an appeal against a ruling on annulment or modification suspends its execution; a demand for a guarantee — which translates the issue into an obligation of the claimant; and a claim for compensation of loss where the measure proves unjustified. A passive position cancels each of these three and leaves the seizure regime untouched.
Frequently Asked Questions
Below are answers to the questions raised most often about seizure and interim measures.
What can an interim measure be?
Seizure of property, securities and funds, prohibition of an action, a prohibition on transfer by other persons, suspension of realization, suspension of a disputed act and others; where necessary — several together.
Within what deadline is a ruling appealed?
Within 5 days, without extension; an appeal against a ruling of cancellation or change suspends its enforcement.
Can a guarantee of loss be demanded?
Yes — the court may oblige the plaintiff to secure the defendant's expected loss within up to 30 days; otherwise the measure is cancelled.
Who compensates loss from an unjustified measure?
The party in whose favour the securing was made — for example, where the plaintiff's claim was refused and the decision entered into force.
What happens if the claimant fails to provide the guarantee?
The measure is immediately annulled — the term does not exceed 30 days.
How We Help on Legal.ge
The advocates of Legal.ge assist both in applying measures and in fighting them: we prepare the application or the response, plan the appeal within the 5-day deadline, demand a guarantee of loss and represent you in compensation cases. Contact us — the first days of a seizure begin the strategy.