Obtaining a writ of execution is the fastest route to enforcing a notarial document: the notary issues the writ on the basis of the creditor’s written application, without requesting documents confirming the non-performance. This page is for creditors holding an obligation certified in notarial form: we explain when the writ is issued, what the application must contain, who issues it and what happens on refusal.
When the notary issues a writ of execution
The notary issues a writ of execution on the basis of a due monetary claim for recovery of a debt, on the transfer of a right in property, and on a claim to direct forced enforcement against pledged or mortgaged property — provided there is an agreement of the parties to that effect and the notary has explained in writing, in the notarial act, the legal consequences of issuing the writ. It is therefore decisive that this agreement and explanation be embedded in the document already at the stage of certifying the transaction — which is exactly what our structuring service is for.
Equally important: where these grounds exist, the notary issues the writ without requesting documents confirming non-performance — the creditor is not put to the burden of collecting separate proof.
The content of the application and the competent notary
The creditor’s written application, to which the notarial document is attached, must contain: the identity of the notary to whom it is addressed; the identities or names of the parties and their representatives; data on the scope of the unperformed principal and additional obligations; a statement that the claim to be enforced is not dependent on any counter-obligation of the applicant, or that such obligation has already been performed; and the applicant’s signature. A correctly drafted application is the main condition for issuance, and we build it from the facts of your case.
Authorised to issue the writ are: the notary who certified the transaction in notarial form, or that notary’s successor; and where that notary’s powers are suspended or terminated — any other acting notary. Enforcement is admitted on the basis of the original of the writ; where the writ is lost, a certified copy (duplicate) is issued by the notary in the same sequence, and where that is impossible — by the Notaries Chamber of Georgia.
An appeal does not stay enforcement
After the writ is issued, enforcement proceeds under the rules of the Georgian law on enforcement proceedings. At the same time, the law states directly: “the appeal of the writ of execution and/or of the notarial document for whose enforcement the writ was issued does not stay enforcement.” This means that the debtor’s appeal against the writ or even against the contract itself cannot halt the enforcement process — which is precisely what makes a notarial document such a powerful instrument for the creditor.
Refusal and the avenues of appeal
The notary refuses to perform the notarial act if it contradicts Georgian legislation; if the documents submitted do not meet the established requirements, contain information degrading the honour or dignity of persons, or contradict generally recognised moral norms; if the participant lacks authority or legal capacity; or if the request is made in a language the notary does not speak and no interpreter can be engaged.
A ruling of refusal must be reasoned in writing and handed to the person refused within no later than 3 days of its drafting, and the notary must explain the procedure and time limit for appealing the ruling. The ruling may be appealed to the court at the location of the notarial bureau; a complaint about other activities of the notary is examined by the Ministry of Justice or, on its instructions, by the Notaries Chamber. Where a refusal occurs, we build the right dispute strategy for you as well.
The difference from structuring the agreement
This page deals with obtaining the writ — starting enforcement of an existing notarial document. If your agreement is not yet executed and you want it to be capable of exactly this swift enforcement in the future, see our service “Structuring a Notarised Loan Agreement for Direct Enforcement”: it concerns building the contract so that the grounds for issuing a writ of execution are embedded in the document from the start. Here, by contrast, the subject is an already certified document and the issuance procedure.
Frequently asked questions about the writ of execution
Below are the most frequent questions on this topic, answered briefly.
On which claims is a writ of execution issued?
On a due monetary claim for recovery of a debt, on the transfer of a right in property, and on directing forced enforcement against pledged or mortgaged property — subject to the parties’ agreement and a written explanation of the legal consequences in the notarial act.
Is separate proof of the arrears required?
No — where the grounds exist, the notary issues the writ without requesting documents confirming non-performance.
Does an appeal stay enforcement?
No. By law, the appeal of the writ and/or of the notarial document for whose enforcement the writ was issued does not stay enforcement.
What happens on refusal?
The refusal is recorded in a reasoned written ruling handed over within 3 days; the notary must explain the appeal procedure and time limit. The ruling may be appealed to the court at the bureau’s location.
How We Help on Legal.ge
On Legal.ge we draft the application for a writ of execution, prepare the attached notarial document, identify the competent notary and, where a refusal follows, build the appeal strategy. Contact us — and your notarial document will genuinely reach the enforcement stage.