Monetary Claim Recovery Through 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, every monetary claim is processed under the Bureau's uniform procedure. This page describes the recovery of monetary claims through the Bureau system and the lawyer's role in that process.
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.
The Boundaries of the Debtor's Property Protection
Article 45 lists the property on which seizure is not allowed: items necessary for the debtor's professional activity, life and household; four weeks' supply of food, fuel and lighting for the debtor, the family and persons living together (or the amount needed to acquire them); limited small livestock and one milking cow, or at the debtor's choice two pigs, sheep or goats; tools, livestock, fertilizer and products needed for the farm until the next harvest; items necessary for the debtor's work activity; targeted state assistance; and the property of a member of a family registered in the database of socially vulnerable families within the established threshold. The amount of the subsistence minimum is determined by Georgian legislation, and disputes about exemption are considered in court.
The details of the list are decisive: protection covers four weeks' food, fuel and lighting needed by the debtor, the family and persons living together — or the amount needed to acquire them; limited small livestock and one milking cow, or at the debtor's choice two pigs, sheep or goats, where they are necessary to feed these persons, and likewise a supply of livestock feed and straw sufficient for three months — or the amount needed to acquire it; for persons engaged in agriculture, the implements, livestock, fertilizer and products needed for the farm until the next harvest; and for persons earning income through physical or intellectual labour or other activity, the items needed for such activity. Exemption from seizure applies to income below the subsistence minimum, and the property of a member of a family registered in the database of socially vulnerable families is protected within the established threshold, except for property used as security for the claim.
The creditor's lawyer must study this list carefully: action aimed at the wrong property wastes time and fees, while for the debtor's side these guarantees are the basis of defense.
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.
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.
Which property is protected from seizure?
The list of Article 45: essential professional and household items, four weeks' food and fuel, limited livestock, farm inventory until the harvest, targeted state assistance. Disputes connected with this list are considered in court.
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.
Does the accrual of interest and penalties stop when proceedings begin?
Under Article 25 — the accrual on the principal stops from the day the 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, which the creditor must take into account in the calculation of the claim at once.
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