Garnishment Proceedings represent a forced debt recovery mechanism where a creditor gains the right to collect funds belonging to the debtor from third parties (e.g., banks or employers). In Georgia, this is known as "Inkaso" (collection orders on bank accounts) or "salary attachment." This is one of the most effective ways to enforce a judgment as it directly impacts the debtor's cash flow. However, the process is regulated by strict rules to protect the debtor's subsistence minimum. Legal.ge offers lawyers who help creditors quickly obtain and execute garnishment orders, as well as protect debtors from illegal or excessive deductions.
What Does Garnishment Service Cover?
The service covers recovering assets held by third parties during enforcement. It includes:
- Bank Garnishment (Inkaso): Placing collection orders on all debtor bank accounts, automatically deducting funds upon arrival.
- Wage Garnishment: Directing the employer to transfer a portion of the salary directly to the enforcement officer's account.
- Third-Party Debt: If someone else owes money to the debtor (e.g., rent), seizing and collecting that amount.
- Lifting Garnishment: Protecting debtor interests if legally exempt funds (e.g., social aid, pension) are seized.
- Liaison with Enforcement Officer: Coordinating with the National Bureau of Enforcement to speed up the process.
Real-World Scenarios Where You Need This Service
For example, you won a lawsuit for 10,000 GEL, but the defendant won't pay. A lawyer applies to the Enforcement Bureau, which identifies the debtor's workplace and sends a letter to the employer to withhold part of the salary. Another example: your bank account was frozen, and social assistance funds were deducted, which is illegal. A lawyer will immediately appeal this action and recover the illegally deducted funds.
Georgian Legal Framework
Garnishment is regulated by the "Law on Enforcement Proceedings." The law specifies that no more than 50% of a salary can be withheld. There is also a concept of "protected minimum" for vulnerable groups. Collection orders apply to all bank accounts. Employers or banks failing to comply with the enforcement officer's demand can be fined.
The Process Step-by-Step
1. Writ of Execution: Obtaining the writ based on the court judgment. 2. Start of Enforcement: Filing an application with the Enforcement Bureau. 3. Search: The officer checks bank accounts and the Revenue Service database. 4. Order: Placing a collection order or sending a letter to the employer. 5. Deduction: Transferring funds to the deposit account and then to the creditor.
Why Choose a Specialist on Legal.ge?
Enforcement processes often drag due to bureaucracy. Involving a private lawyer accelerates the process, as they constantly monitor the enforcement officer and provide information on the debtor's assets.
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