Introduction and Service Overview
Traditionally, forced execution is associated with lengthy court disputes where a creditor waits years for a decision. However, Georgian legislation offers businesses and individuals a unique, exceptionally fast, and highly effective alternative—the forced execution of obligations under a notarial act. In Georgia, a notary acts not only as a certifier of documents but can also issue a writ of execution themselves. This means that if the parties, while notarizing a contract (such as a loan, mortgage, pledge, or lease), agree to a clause allowing the notary to issue an enforcement writ in the event of default, the creditor does not need to go to court at all. Upon establishing the breach, they apply directly to the notary, obtain the writ of execution, and the National Bureau of Enforcement begins coercive measures.
This service saves the creditor's time and finances, as the process is completed in a few weeks instead of several years. However, this mechanism carries enormous risks for the debtor, as their chance to defend themselves in court prior to the start of enforcement is practically restricted. For this reason, the procedure of forced execution based on a notarial act requires the involvement of a lawyer from both the creditor's side (to ensure the process is conducted correctly) and the debtor's side (to protect against unlawful enforcement).
What the Enforcement of a Notarial Act Service Covers
This legal service begins with establishing the fact of the breach. The creditor's lawyer prepares and sends an official written warning to the debtor. As required by law, the debtor must be given a reasonable timeframe (usually 14 days) to voluntarily fulfill the obligation. If this period expires without result, the lawyer gathers evidence (for example, a bank statement showing the funds were not deposited, and a postal receipt proving the warning was delivered) and applies to the notary who authenticated the original contract.
The notary checks the submitted documentation and, if everything complies with the law, issues the writ of execution. The service continues by submitting this writ of execution to the National Bureau of Enforcement (or a private execution officer). After this, the lawyer supervises the enforcement process: the seizure of the debtor's property, its appraisal, and the forced auction. From the debtor's perspective, the service involves verifying the legality of the writ issued by the notary and, if violations are discovered (for example, if the warning was not properly delivered), appealing it in court and suspending the enforcement.
Common Situations and Practical Examples
The most prominent and common example involves mortgage loans. An individual borrowed money from a private moneylender and encumbered their apartment with a mortgage as collateral. The contract included a clause for the issuance of a writ of execution by the notary. The debtor missed the payment schedule. The creditor sends a letter, waits 14 days, goes to the notary, obtains the writ, and the execution officer directly conducts the auction of the apartment. Litigation is entirely skipped, providing a massive advantage to the creditor.
Another frequent scenario involves lease agreements. An owner leased commercial space to a company, and the contract was notarized with an enforcement clause. The tenant does not pay rent and refuses to vacate the premises. The owner obtains a writ of execution from the notary not only to recover the rent arrears but also directly for eviction. The police and the execution officer arrive and clear the space without a court order. This mechanism provides the real estate business with unprecedented speed.
The Georgian Legal Framework
In Georgia, this mechanism is regulated by the Law of Georgia on Notaries and the Law on Enforcement Proceedings. The legislation strictly stipulates that a notary can issue a writ of execution only if the parties' agreement regarding this is explicitly written in the document during the notarization of the contract. In addition, the obligation must be of a monetary nature, or it must concern the realization of the object of pledge/mortgage, or the return of a leased/borrowed item.
The law also establishes guarantees for the protection of the debtor: the creditor is obliged to give written warning to the debtor and grant them a period (at least 14 days) to fulfill the obligation. The warning must be delivered to the debtor personally. If these procedural norms are violated, the notary will refuse to issue the writ. If the notary issues it by mistake, the debtor has the right to file a lawsuit in court, demand the annulment of the notarial writ of execution, and request the suspension of enforcement. This creates a balance between swift execution and the protection of the debtor's rights.
Step-by-Step Process
The process begins with the breach of the obligation (e.g., missed deadline). The first step is the creditor's lawyer sending an official written warning to the debtor. The second step is confirming the fact of the delivery of the warning and waiting for the period established by law (14 days). In the third stage, if the debtor still fails to fulfill the obligation, the lawyer gathers the evidence and files an application with the notary.
In the fourth stage, the notary reviews the documents and issues the writ of execution within 15 days. In the fifth stage, this writ is submitted to the National Bureau of Enforcement, which initiates the enforcement proceedings. The sixth and final stage involves the actual coercive measures: seizure of the debtor's property, auction, or eviction. If you are on the debtor's side, your steps involve an immediate response—contacting a lawyer as soon as the warning is received and filing a lawsuit in court to suspend the enforcement.
Why legal.ge and the Need for a Lawyer
Forced execution via a notarial act is a very fast mechanism where correcting a mistake is difficult. The creditor must meticulously adhere to the rules of delivering the warning; otherwise, the notary will refuse to issue the writ, and time will be lost. Conversely, if the debtor does not act in time, they may unexpectedly end up without an apartment, as the process takes place without the involvement of a court.
The legal.ge platform is the best space in Georgia to find qualified lawyers specializing in enforcement disputes. The lawyers gathered in our directory possess extensive experience working with notaries and the enforcement bureau. They will help you conduct the service flawlessly if you are a creditor, and immediately halt unlawful enforcement through the courts if you are a debtor. Trust the professionals selected on legal.ge and manage your legal risks effectively.
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