Which property is subject to seizure?

All property of the debtor except the list carved out by law; items found with the debtor are presumed to be his property.

What is the deadline for the obligated person’s declaration?

Two weeks from receiving the seizure order; the declaration goes to both the enforcement officer and the creditor.

Who distributes the withdrawn amount?

The National Enforcement Bureau, under the statutory procedure — by priority or, for simultaneous applications, proportionally.

How is the item realized?

The item is first transferred to the Bureau; a movable is then realized under the rules for movables, an immovable under the rules for enforcement against immovable property.

Seizure of Rights Held by Third Parties in Georgia

Introduction: Seizure of Rights Held by Third Parties

In the process of forced enforcement, a creditor's primary goal is the complete and timely satisfaction of their claims. It frequently occurs that the debtor does not have assets directly in their possession, yet they hold certain rights, claims, or assets that are in the hands of third parties. In such cases, the legal system provides a robust mechanism: the seizure of rights held by third parties. This is an enforcement measure wherein the execution officer places a lien or attachment on the property rights and claims of the debtor toward which a third party is obligated. This procedure ensures that the debtor cannot conceal or alienate these assets and directs them toward benefiting the creditor. Effectively navigating this process requires precise legal calculations and a strict procedural sequence.

What the Service Covers

This service covers the rigorous investigation, identification, and legal blocking (seizure) of the debtor's property rights currently under the control of third parties. Specifically, this encompasses funds in bank accounts (where the bank acts as the third party), accounts receivable (when other entities owe money to the debtor), wages and periodic income (held by an employer or contractor), lease and rent payments, as well as claims on movable or immovable property that the debtor has temporarily transferred to third parties for storage or use. The comprehensive service includes the preparation of appropriate legal documentation, active communication with the execution officer and third parties, and strict oversight of the enforcement of the seizure act.

Common Scenarios

One of the most prevalent scenarios involves wage garnishment, where the debtor's employer (the third party) receives official notification to withhold a certain percentage of the debtor's salary and transfer it to a deposit account. Another frequent occurrence is the attachment of accounts receivable in business disputes—when a debtor company is owed funds by its partners (third parties), the executioner seizes this claim, prohibiting the partners from paying the debtor directly. A highly practical situation also arises when a debtor's valuable goods are stored in a customs terminal or a private warehouse. In this case, an order is issued to the warehouse owner, and the right to reclaim the property is seized to prevent the loss or diversion of the assets.

Seizure of Rights Held by Third Parties