Who are the defendants in this lawsuit?

The lawsuit must be filed against the creditor and the debtor whose dispute caused the seizure of your property, not directly against the execution officer.

Can I get my property back if it has already been auctioned?

Once property is sold at auction to a bona fide purchaser, recovering the actual physical item is nearly impossible. You can generally only sue for monetary compensation for the damages suffered.

What if I don't have receipts for household items?

If you lack receipts, you can use other forms of evidence such as bank statements showing the purchase, warranty cards in your name, lease agreements listing the inventory, or witness testimonies.

Claim for Release of Property from Seizure in Georgia

Introduction and Service Overview

During enforcement proceedings, one of the most acute and common problems is the seizure of property that belongs not to the debtor, but legally to a third party. In such situations, the third party unfairly faces the risk of losing their property and seeing it sold at auction, even though they are not a party to the enforcement dispute. To legally resolve this problem, an effective mechanism exists: a claim for the release of property from seizure (the so-called excident claim). This service involves the interested party (the owner or lawful possessor) filing a lawsuit in court, proving that the seized property belongs to them and not to the debtor named in the writ of execution.

Disputes of this category require an immediate response, as enforcement processes move quickly. If the property is taken to auction, compensating the original owner or recovering the item becomes practically impossible. A claim for the release of property from seizure is the only correct and lawful way to restore the inviolability of ownership.

What the Claim for Release of Property Covers

This legal service is comprehensive and covers several directions. First, the lawyer reviews the seizure act and studies the circumstances under which the execution officer concluded that the property belonged to the debtor. Then begins the crucial stage of gathering evidence: locating and systematizing documents proving ownership (purchase receipts, invoices, Public Registry extracts, customs declarations, contracts), which confirm that the true owner of the seized property is the third-party plaintiff.

Along with drafting the lawsuit itself, the service necessarily includes filing a motion to apply a measure to secure the claim. Specifically, the plaintiff asks the court to prohibit the auctioning or other realization of this property until a final decision is made (suspension of enforcement). Within the scope of the service, the lawyer provides full representation of the client in all court instances and, upon winning, ensures the court decision is presented to the enforcement bureau for the actual lifting of the seizure.

Common Situations and Scenarios

The most typical scenario is related to rented apartments. For example, a debtor lives in a rented flat. The execution officer goes to their actual residential address and seizes the television, refrigerator, furniture, and other valuable items found there. In reality, these items belong to the apartment owner (the landlord). The landlord has to file an excident claim and present receipts for the purchase of the items or an inventory list from the lease agreement to save their property.

A second frequent case involves the co-ownership of spouses. Only one spouse has a debt, yet the execution officer seizes all the property or a vehicle registered in the other spouse's name but acquired during the marriage. In such times, the other spouse requests the release of their share or specific property from seizure. Business disputes are also common, where equipment seized in a company's office actually belongs not to the LLC itself, but to one of its partners or an entirely different legal entity that temporarily transferred the equipment to the company for use.