Asset tracing in Georgia is carried out with the lawful instruments of the National Enforcement Bureau: the Law of Georgia on Enforcement Proceedings empowers the enforcement officer to oblige the debtor to submit an inventory of his property, to seek the debtor's search through the police where needed, and grants the parties the rights to examine the enforcement file and to challenge the officer's acts. This page explains these mechanisms under Articles 18, 19, 30 and 42 of the law.
Investigation of the debtor's financial position
Under the second part of Article 42, the National Enforcement Bureau may oblige the debtor to submit an inventory of his property and information on the legal relationships connected with it. In the inventory the debtor must indicate the basis and evidence of his claims against third persons, and also the property to the demand of which third persons are entitled — the inventory thus captures not only things but also claims.
Under the third part, the debtor gives a written guarantee that all data requested have been submitted as correctly and completely as possible; after giving the guarantee, he must additionally notify the Bureau in writing of any newly acquired property or legal relationship. If the debtor fails to submit the inventory within 5 days of the request, refuses to give the guarantee, or knowingly submits incorrect information, he bears liability in the manner established by Georgian legislation; the Bureau itself also verifies the correctness and completeness of the debtor's data.
In practice, this means tracing does not remain on paper: the inventory captures both the items available for realisation and the debtor's ongoing relationships with third persons — claims against banks, partners and buyers that may become objects of enforcement. The written guarantee weighs on the completeness of these data: after it is given, the debtor must notify the Bureau of every subsequent change in the described relationships, otherwise the Bureau's verification will reveal the defect.
Search for the debtor
Where the debtor's whereabouts are unknown, or the debtor deliberately evades performance of the obligation, Article 30 entitles the National Enforcement Bureau to apply to the court with a substantiated motion, on the basis of which the court issues a ruling on the search and production of the debtor through the police. In the creditor's interest, enforcement thereby reaches even a debtor who is physically absent.