---
title: "Claim for Release of Property from Seizure"
url: "https://legal.ge/en/service/enforcement-services-en/claim-for-release-of-property-from-seizure-en-3051"
field: "Enforcement Services"
description: "Learn how to file a claim for the release of property from seizure in Georgia. Find an expert enforcement lawyer on the Legal.ge."
reviewed: "2026-07-09"
updated: "2026-10-14"
publisher: "legal.ge"
---

# Claim for Release of Property from Seizure

> Source: legal.ge, https://legal.ge/en/service/enforcement-services-en/claim-for-release-of-property-from-seizure-en-3051

## 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.

The full text is available on legal.ge after signing in: https://legal.ge/en/service/enforcement-services-en/claim-for-release-of-property-from-seizure-en-3051

### 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.