The moment enforcement proceedings are opened against you, your data enters the Debtors’ Register maintained by the National Bureau of Enforcement, and that entry brings a whole set of restrictions: on disposing of property, on registering vehicles and on your bank accounts. Removing those restrictions lawfully requires precise knowledge — which ground works in which situation, and before whom, within which deadline. That analysis and representation is exactly what our team does on Legal.ge.
What the Debtors’ Register Is and How You Enter It
The Debtors’ Register is a systematised electronic body of data on natural and legal persons against whom enforcement has started from 1 January 2010. A person is entered in the register immediately once enforcement proceedings begin against them; for enforcement started before that date, registration is also possible on the Bureau’s own initiative. The register is maintained by the National Bureau of Enforcement, and the rules for keeping it are approved by the Minister of Justice. Registration does not release a person from monetary enforcement, and the register’s data is public: a certificate or extract is issued no later than the next working day after an application.
Restrictions Resulting from Registration
The law obliges state bodies and banking institutions to act actively towards a person registered in the register. When a vehicle or civilian weapon is registered, the competent bodies of the Ministry of Internal Affairs must immediately inform the enforcement officer and suspend registration of further disposal of the debtor’s property until the person is removed from the register. The National Agency of Public Registry behaves the same way when a right of ownership or another right in property is registered. A bank must, no later than the next banking day after registration, inform the enforcement officer about your accounts and their balances, spread a seizure over the accounts, and report newly opened accounts as well. Opening a new account therefore does not avoid the restrictions.
The Ban on Leaving the Country — a Separate Case
In enforcement proceedings connected with compensation for damage caused by a crime, or with the obligation of a convicted person to pay compensation to a victim under a final guilty verdict, a convicted person who is a Georgian citizen or a stateless person with status in Georgia is banned from leaving Georgia until the claim is satisfied. The National Bureau of Enforcement notifies the Ministry of Internal Affairs and the National Agency for Crime Prevention, Non-Custodial Sentences and Probation about the start and the termination of such proceedings.
Grounds for Removal from the Register
The restrictions are lifted in full simultaneously with removal from the register. The grounds for removal are: full performance of the monetary enforcement; substitution of the imposed fine with another penalty; termination of enforcement, including the grounds provided for in Article 34 of this law, and other cases provided for by law; a court decision; and a corresponding application of the governmental commission connected with United Nations Security Council resolutions. With the Bureau’s consent in budget cases, and additionally the creditor’s consent in other cases, a registered person may dispose of property restricted by the registration.
Termination of Enforcement and Complaints Against the Enforcement Officer
Enforcement terminates if the creditor renounces enforcement, the creditor and the debtor settle, the decision under enforcement is annulled, or another ground established by law exists. In monetary cases proceedings terminate when 10 years have passed since their commencement, except for alimony, employment-related and damage-compensation cases; for an administrative fine that period is 5 years. Upon termination, every measure taken for enforcement becomes void. If an enforcement officer’s act directly affects your lawful interests, it may be appealed once to the chairperson of the Bureau within 15 calendar days of the act; the complaint does not automatically suspend the act. The chairperson reviews the complaint within 30 calendar days of receipt, with a possible extension of no more than 15 calendar days, and a refusal may be appealed in court.
Frequently Asked Questions
Answers to the questions we hear most often:
How do I find out whether I am in the Debtors’ Register?
The register’s data is public and constantly updated. On the basis of an interested person’s application, the Bureau issues a certificate or an extract no later than the next working day after submission. We establish which enforcement cases are opened in your name and which restrictions are active.
When are the restrictions lifted in full?
The restrictions imposed on a person registered in the register are lifted in full simultaneously with removal from the register. Removal follows immediately once a statutory ground arises — for example, full performance of the monetary enforcement or a court decision.
May I sell property despite being in the register?
In budget-related cases — with the consent of the National Bureau of Enforcement, and in other cases additionally with the creditor’s consent — a registered person may dispose of property restricted as a result of the registration. Attempting to dispose of it without consent blocks the registration and puts the transaction at risk.
What happens if the enforcement officer refuses removal?
The officer’s act may be appealed once to the chairperson of the Bureau within 15 calendar days of the act, and the chairperson’s decision — in court. We prepare both the complaint and the statement of claim, and we assess from the outset whether a ground for removal exists at all.
How We Help on Legal.ge
Our work begins with an audit: we reconcile the enforcement cases with the register entries, establish which restrictions apply to your property, vehicles and bank accounts, and whether they are lawful. We then choose the fastest route to removal — payment, a settlement, termination of enforcement or a court decision — and represent you before both the Bureau and the court. Where necessary we draft the complaint against the officer’s act. Contact us for a consultation on Legal.ge.