Opening Enforcement Proceedings in the National Enforcement Bureau
In Georgia, the compulsory enforcement of enforceable decisions belongs by law to a single body: under Article 3 of the Law of Georgia on Enforcement Proceedings, compulsory enforcement is carried out by the National Enforcement Bureau — a public-law legal entity within the governance of the Ministry of Justice. The institution of private bailiffs no longer operates, and regardless of the amount of the claim, enforcement proceedings run under the Bureau's uniform procedure. This page describes the grounds for opening proceedings, the participants, and the lawyer's role at this stage.
For a creditor, this means that a sound enforcement strategy depends on knowing the Bureau's powers, the rules for opening proceedings, and the debtor's protective guarantees — errors such as submitting a defective writ of execution or requesting seizure of protected property delay the process for months.
Opening Proceedings: Application and Writ of Execution
Article 25 governs the start of enforcement: the Bureau opens enforcement proceedings on the basis of the creditor's written application for compulsory enforcement and the writ of execution. The law also defines special cases: enforcement of a judgment of the European Court of Human Rights begins on the basis of an individual administrative-legal act of the Minister of Justice; a pledge certificate is enforced on the application of the mortgagor holding the certificate; a leasing certificate — on the application of the lessor; an order on recovery of arrears — on the basis of the order itself. The lawyer's task is to select the correct basis and prepare flawless documents.
Article 25 also regulates territoriality: the writ of execution or the enforceable decision is submitted to the Bureau's territorial body according to the location of the debtor or his property, yet where the creditor applying to the Bureau is a natural person, a private-law legal entity or an association of persons without legal personality, observing the territoriality principle is not mandatory. The writ must be accompanied by a certified copy of the enforceable decision. Where the claim is secured by a mortgage or a registered pledge, compulsory enforcement proceeds even when the owner of the property used as security is not the debtor named in the writ — in that case the registered owner is subject to the presumption of standing as the debtor's successor until proven otherwise.
The regime of interest and penalties matters as well: where the decision provides for an increase of the claim through interest or a penalty, their accrual on the principal stops from the day the enforcement proceedings start — except for tax claims and the surcharge determined by the law on funded pensions; the accrual continues from the day the Bureau returns the writ in the manner established by law. A creditor must take this rule into account in the calculation of the claim from the outset.
Participants in Enforcement Proceedings
Article 15 defines the persons participating in the proceedings: the creditor and the debtor — the parties to the enforcement proceedings; the enforcement officer; and other persons who take part in the process. Each participant has its own rights and duties, and the lawyer's role is to position the client's case within this framework — ensuring timely and full recovery for the creditor, and lawful protection for the debtor.
In practice, the service of opening proceedings includes an audit of the documents — verification of the validity, requisites and claim amount of the writ of execution; preparation of the application to the Bureau; conduct of correspondence; and control of the progress. A frequent error is incorrect data in the application, which provokes a request to cure the defect.
The Bureau's Capabilities and Valuation Services
Article 3 grants the Bureau broad powers: under a contract with the tax authority it inventories, values and seizes property to secure tax debts; it may apply to administrative bodies; on a person's request it provides valuation services, with the fee determined by an order of the Minister of Justice; and it may conclude contracts and use third-party services to fulfil its functions.
What Happens After Opening
After the application is received, the Bureau examines the documents and conducts the proceedings under the procedure established by law: the parties are notified, the debtor is given the possibility of voluntary performance, and then enforcement measures begin. Each of these steps has its own time-limits and forms, which is precisely why a lawyer involved from the very start limits the intermediate risks and keeps the process on schedule.
Frequently Asked Questions
Does a private bailiff and an amount threshold exist?
No — under the current law the exclusive power of compulsory enforcement belongs to the National Enforcement Bureau. There is no longer a division of competence by the amount of the monetary claim: every claim is examined under the Bureau's single procedure.
On what basis does recovery begin?
Under Article 25 — on the creditor's written application and the writ of execution; in specific cases (for example, a judgment of the European Court or a pledge certificate) a different basis applies.
Who participates in enforcement proceedings?
Under Article 15: the creditor and the debtor as the parties, the enforcement officer, and other persons involved in the process; each of them has defined rights.
Can valuation services be obtained from the Bureau?
Yes — under Article 3 the Bureau provides valuation services upon a person's request; the fee is established by an order of the Minister of Justice.
Within what term is the debtor notified, and what does the voluntary-performance window mean?
Under Article 25 the debtor is informed of the start no later than 5 days from it; if the debtor performs voluntarily within 7 days of the notification, only the corresponding part of the fee prepaid by the creditor is charged, while in case of refusal — the full amount of the enforcement fee.
How We Help on Legal.ge
Legal.ge brings together lawyers with command of enforcement law who will help you prepare the application, represent you in the Bureau’s proceedings and guide the opening procedure. Choose a specialist today on Legal.ge.