When lending money, the creditor’s principal risk is the difficulty of enforcement: endless litigation over performance of the agreement consumes time and resources. The law on notaries substantially reduces that risk: an agreement certified notarially can be given the force of an enforcement writ, which allows the creditor to approach the National Bureau of Enforcement directly, without going to court. Achieving that result requires the agreement to be structured correctly from the outset — which is exactly what our team does on Legal.ge.
What an Enforcement Writ Is and What It Gives the Creditor
An enforcement writ is an instrument issued by a notary on the basis of which enforcement is carried out under the procedure established by the law on enforcement proceedings — the creditor is no longer forced to first litigate the existence of the debt. Especially important: appealing the writ and the notarial document on the basis of which it was issued does not suspend enforcement. A notary also provides legal consultation connected with notarial acts and drafts document projects on request — structuring is thus an integral part of the notarial process itself.
For Which Claims an Enforcement Writ Is Issued
A notary issues an enforcement writ for a matured claim for recovery of a monetary debt, for the transfer of a right in property, and for turning compulsory enforcement onto pledged or mortgaged property. This is possible only where the parties have so agreed and the notary has explained in writing, in the notarial act, the legal consequences of issuing the writ. These conditions must be built into the text of the agreement itself — without the corresponding entry no writ will be issued.
How We Structure the Loan Agreement
We prepare the draft agreement so that it is ready for an enforcement writ from the start: we frame the parties’ agreement on the issuance of the writ; we ensure that the legal consequences of issuance are explained in writing in the notarial act; we record the primary and additional obligations, their deadlines and amounts precisely; and where appropriate we attach a pledge or mortgage, which allows compulsory enforcement to be turned onto the encumbered property. In addition, we prepare in advance the template of the creditor’s application, so that on default the writ can be requested without delay.
The Application for Receiving the Writ
The notary issues the writ on the written application of the creditor or the creditor’s successor, to which the notarial document must be attached. The application states the identity of the notary, the data of the parties and their representatives, the volume of unfulfilled primary and additional obligations, an indication that the claim is not dependent on any counter-performance of the applicant or that such performance has already been rendered, and the signature. Where these grounds exist, the writ is issued without requesting documents confirming non-performance. It is issued by the notary who certified the transaction, or that notary’s successor; where their authority is suspended or terminated — by another acting notary. Enforcement is allowed on the original of the writ, and on its loss a duplicate is issued.
What to Know at the Enforcement Stage
Enforcement on the basis of a writ issued by a notary proceeds under the law on enforcement proceedings. An appeal does not suspend enforcement — a decisive advantage for the creditor, and for the debtor a reason to have the agreement reviewed carefully before signing. The procedure for issuing the writ is established by the instruction on the procedure for performing notarial acts, and the fee for the notarial act is determined by separate provisions — we establish both in advance and inform you.
Frequently Asked Questions
Answers to the questions we most often receive about notarised loan agreements.
Which conditions are required for the writ?
The parties’ agreement on the issuance of the enforcement writ, and the notary’s written explanation, in the notarial act, of the legal consequences of issuance. We record both in the text of the agreement itself.
Do I need documents confirming default?
No — where the statutory grounds exist, the notary issues the writ without requesting documents confirming non-performance of the obligation.
Who issues the writ if the notary changes?
The notary who certified the transaction, or that notary’s successor; where the authority is suspended or terminated — another acting notary. A duplicate of a lost writ is issued in the same sequence.
Does an appeal suspend enforcement?
No — appealing the writ and the notarial document does not suspend enforcement. The debtor’s position must therefore be protected at the moment of signing.
How is the writ of execution obtained for an already executed notarial document?
The issuance procedure, the fee and the rules for the application are set out in the service “Obtaining a Writ of Execution — Enforcement of a Notarial Document”.
How We Help on Legal.ge
We draft the loan agreement with the enforcement writ in prospect: we record the agreement on issuance of the writ, ensure the written explanation of consequences in the notarial act, attach a pledge or mortgage, and prepare the application for the default scenario. We also point the notary to formal defects of the document and assess which claims will be matured for the writ. Contact us for a consultation on Legal.ge.