Can a debtor be sent to prison for unpaid debts?

No, the Georgian Constitution prohibits imprisonment simply for failing to pay a civil debt. "Bringing" a debtor means physically escorting them to the execution officer for an interview, not sending them to jail.

What if the debtor is residing abroad?

If the debtor is officially proven to be outside Georgia, local police cannot physically bring them. The enforcement proceedings might be suspended, or the creditor may need to seek enforcement in the foreign jurisdiction.

Who bears the cost of the police search?

Any administrative or logistical costs incurred during the search and bringing of the debtor are added to the enforcement fees and ultimately must be paid by the debtor.

Locating and Bringing the Debtor in Georgia | legal.ge

Introduction and Service Overview

During enforcement proceedings, there are frequent cases where the debtor deliberately avoids cooperation with the execution officer, goes into hiding, changes their place of residence, and ignores official summonses. In such circumstances, the enforcement process may reach a dead end, as the physical presence of the debtor and their interrogation regarding their financial status are essential for conducting a series of investigative or legal actions. The law grants the creditor and the execution officer a powerful lever—the institution of locating and bringing the debtor. This service entails the execution officer issuing an order to the relevant departments of the Ministry of Internal Affairs to trace the person's whereabouts and forcibly bring them to the enforcement bureau or a specific site of enforcement action.

Locating and bringing a debtor is a temporary but strict restriction of a person's freedom of movement, which is permissible only in exact cases provided by law and in compliance with the principle of proportionality. It serves to ensure the administration of justice and sends a clear signal that disregarding a court decision will not go unpunished.

What the Locating and Bringing Service Covers

This service encompasses a combination of legal and police measures. It begins when the debtor, despite multiple warnings, fails to appear before the execution officer without a valid reason. The service covers the issuance of a reasoned ruling by the execution officer for the police to locate and forcibly bring the debtor. Based on this ruling, the police are authorized to conduct operational-search activities, interview neighbors and family members, check border crossing histories, and establish the person's actual whereabouts.

Upon finding the individual, the service involves physically escorting them to the enforcement bureau. Once brought on-site, the execution officer is empowered to demand that the debtor fill out a property declaration, provide explanations about hidden assets, or have them attend a specific enforcement action, such as the handover of a child to the other parent. This service is strictly targeted and concludes as soon as the enforcement action is completed, after which the person is released.

Common Practical Scenarios

The mechanism of bringing a debtor is most frequently utilized in sensitive family disputes. For example, when a court has ruled to hand over a minor child to the mother, but the father hides the child and goes into hiding himself. In this scenario, based on the execution officer's ruling, the police begin searching for the father and, upon finding him, forcibly bring him along with the child to enforce the court's decision.

A second common scenario relates to large financial debts. The director of a debtor company or a private individual evades meeting the execution officer to avoid signing an inventory act or disclosing bank account details. By employing the search and bring mechanism, the police compel the individual to appear and legally answer the execution officer's questions, thereby clearing the path for the creditor to recover the debt.

The Georgian Legal Framework

In Georgia, the procedure for locating and bringing a debtor is regulated by the Law of Georgia on Enforcement Proceedings and the legislation on the Police of Georgia. The law explicitly states that the execution officer's request for search and bringing is mandatory for the bodies of the Ministry of Internal Affairs to execute. This ensures effective synergy between the enforcement and police systems.

The legislation protects human rights and establishes that bringing a debtor is not a criminal arrest or imprisonment. The brought person is not placed in a holding cell (except in extreme exceptional cases where they physically resist the police). They are merely escorted to the execution officer and leave the premises immediately upon the completion of the required action. Additionally, the law stipulates the debtor's obligation to reimburse all financial costs associated with the search and bringing, which are added to the principal enforcement debt.

Step-by-Step Description of the Process

The first stage is legally summoning the debtor (sending a subpoena), which specifies the time and place for appearance. In the second stage, if the debtor fails to appear, the execution officer issues a ruling for their forced bringing. The third stage is forwarding this ruling to the relevant police department based on the debtor's registration or last known address.

In the fourth stage, the police carry out search operations, determine the person's whereabouts, and present the ruling to them. The fifth stage involves transporting the person to the enforcement bureau. In the sixth and final stage, the execution officer conducts the planned legal action (for example, taking an explanation or having a document signed), after which a protocol is drafted, and the debtor is released. If it is established during the search that the person has left the country, the enforcement proceedings may be temporarily suspended until their return.

Why legal.ge and the Help of a Lawyer

The process of locating and bringing a debtor requires strict procedural oversight. A common problem for creditors is that the police might not execute the officer's request in a timely manner due to their workload. In such cases, the involvement of a lawyer and constant communication with the relevant authorities accelerate the process. On the other hand, debtors need protection to ensure their dignity and rights are not violated during the forced bringing.

The legal.ge website is a trusted platform in Georgia where you can find qualified lawyers and enforcement law experts. The professionals registered in our directory will assist you at every stage of the proceedings. If your debtor is hiding and you cannot recover your money, or if you are personally facing unlawful pressure during enforcement, find the right specialist on legal.ge. They will ensure that the rule of law is enforced swiftly, effectively, and in your best interests.