Does the enforcer have the right to break down the door?

Yes. If the debtor obstructs the enforcement process and refuses entry, Georgian law authorizes the enforcer to forcefully open the door and enter the premises with police assistance to inventory the property.

Can my TV and computer be seized?

The law only protects a minimum of essential household items. A second television, expensive computers, audio systems, and luxury items are fully subject to inventory, seizure, and auction.

What happens if a seized item goes missing?

Attached items are often left with the debtor for safekeeping. If the debtor alienates, hides, or destroys an item that has been formally inventoried and sealed, they commit a criminal offense punishable under Georgian law.

Inventory and Seizure of Movable Assets in Georgia

Introduction: Inventory and Seizure of Movable Assets

The inventory and seizure of movable assets is one of the most effective, visible, and psychologically powerful mechanisms of forced enforcement. When it comes to the non-fulfillment of financial obligations, it is the creditor's legal right to demand the repayment of the debt through the realization of the debtor's property. Movable property encompasses a wide spectrum: vehicles, special equipment, jewelry, household items, works of art, business inventory, and commercial stocks. The purpose of the inventory and seizure process is to identify this property, record its physical condition, and deprive the debtor of the right to dispose of (alienate, destroy) it. This procedure is often a last resort, utilized when there are insufficient funds in the debtor's bank accounts and they do not pay the debt voluntarily. This stage of enforcement requires strict procedural precision so as not to infringe upon the debtor's subsistence minimum and to avoid violating the property rights of third parties.

What the Inventory and Seizure Service Covers

The legal service for the inventory and seizure of movable property covers the full cycle of the enforcer's factual and legal actions, in which the creditor's representative lawyer is actively involved. The process begins by establishing the debtor's actual place of residence or business operations. The service includes going to the site, entering the premises (apartment, warehouse, office), conducting a detailed visual inspection of the property, and recording the characteristics of each item (brand, model, serial number, visible damages) in a special act. Lawyers ensure that the inventory process is conducted objectively and that expensive assets are not hidden. The service also involves sealing the attached items, handing them over for safekeeping to the debtor or a third party (with a warning of criminal liability), or physically confiscating them and moving them to a specialized warehouse for subsequent auction.

Common Practical Scenarios

In practice, the inventory of movable property is used in a variety of situations. The most frequent scenario involves disputes between business companies (B2B) when one company does not pay its debt to another. In such times, an inventory and attachment of computer equipment, furniture in the debtor company's office, and goods in the warehouse are conducted, which effectively halts the business's operations and forces it to pay the debt quickly. Another scenario concerns individuals who have not paid a bank loan. The enforcer enters their residential apartment and attaches expensive household appliances and furniture. Another significant direction is the attachment of vehicles: if the debtor has a car, a search is declared for it, the patrol police stop it on the road, and it is transferred to an impound lot, where its final inventory and appraisal take place.

Georgian Enforcement Legislation and Limitations

The Law of Georgia on Enforcement Proceedings regulates the procedure for attaching movable property in detail and establishes important social guarantees. According to the law, it is impermissible to place an attachment on items that are essential to ensure the normal living conditions of the debtor and their family members (the so-called subsistence minimum). This includes everyday clothing, children's items, and minimum household furniture and appliances. However, this exception does not apply to luxury items, excess appliances (e.g., a second television), jewelry, and business assets. Additionally, the law establishes that property located in the apartment is considered the debtor's property unless proven otherwise. If the enforcer is not allowed into the apartment, they have the legal right to force the door open and enter in the presence of the police, adding particular strictness to the process.

Step-by-Step Process of Inventory and Seizure

The process begins by submitting the court decision to the National Bureau of Enforcement and requesting coercive measures. The enforcer visits the debtor's address unexpectedly to prevent the hiding of property. Upon arrival, they explain to the debtor their rights and duties. The inventory of each item begins: a "Property Inventory and Attachment Act" is drawn up, recording the item's name, quantity, weight, individual characteristics, and estimated value. The act is signed by the enforcer, the debtor, and attendees (if any). From the moment the act is drawn up, the property is considered attached. In the next stage, a professional appraisal of this property is conducted by an auditor, based on which an electronic auction is scheduled. The funds received from the realization at the auction are directed to satisfy the creditor.

Challenges: Third-Party Lawsuits and Property Concealment

When inventorying movable property, the most common problem is statements from third parties (family members, relatives, friends) claiming that the inventoried items actually belong to them. In such times, the third party applies to the court with a request to release the property from attachment, which temporarily suspends the realization of that specific item. The creditor's lawyer has to prove in court that the third party's claim is fictitious and aims to evade debt payment. Another serious challenge is the concealment of property by the debtor prior to the inventory. In such cases, lawyers and enforcers use investigative mechanisms, request information from various agencies, and apply to the prosecutor's office, as hiding or destroying attached property constitutes a criminal offense.

Why the Lawyer's Role and legal.ge are Important

The inventory and attachment of movable property require active physical and legal involvement from the creditor's side during the process. The enforcer acts within the framework of the law, but it is the creditor's lawyer who points them to specific assets and expedites the process. The legal.ge platform is the best space in Georgia where you can find experienced advocates specializing in enforcement disputes. The lawyers presented in our directory ensure attendance at the inventory process, overcoming the debtor's psychological and legal resistance, and refuting fictitious lawsuits from third parties in court. Legal.ge will help you choose a professional who will see your case through to the end and ensure the actual recovery of your debt.