The Service: Protest of a Bill of Exchange and Establishment of Cheque Non-Payment
When a bill of exchange or a cheque goes unpaid, time plays the decisive role: the fact of non-payment must be fixed officially, through the notarial procedure, so that you can use it in the next legal steps — including enforcement. This service covers exactly that: the Legal.ge team represents your interests in the procedures of protest of a bill of exchange and establishment of cheque non-payment, assesses the documents in advance, safeguards the deadlines and prepares the follow-up steps on the basis of the notarial document received.
The practical meaning is simple: protest and the establishment of non-payment belong to the class of grounds that lead from a debt document to an enforcement document. A mistake at this stage — a late protest or an incorrectly conducted procedure — crushes the entire matter, which is why professional representation here is not a luxury.
Notarial Acts: Bill, Cheque, Sea Protest (Article 38)
Article 38 of the Law on the Notarial System reflects this field directly in the list of the notary's acts. The notary: performs the protest of a bill of exchange; presents the cheque for payment and certifies the cheque's non-payment; performs the sea protest. In connection with notarial acts, the notary also provides legal advice to persons and, at their request, prepares drafts of documents.
Each of these acts demands a different procedural regime: for a bill, the timely performance of the protest is central; for a cheque, the sequence of presentation for payment and certification of non-payment; and the sea protest is a separate institution rooted in maritime affairs. We analyse each regime separately and match your document to the correct procedure.
After the Protest: The Enforcement Sheet on a Notarial Document (Article 40)
Article 40 establishes the onward route. The notary issues the enforcement sheet on the basis of a written application of the creditor (or their successor); the application must be accompanied by the notarial document on whose basis the applicant requests the enforcement sheet. The application must contain: the identity of the notary to whom it is addressed; the identities/names of the parties and their representatives; data on the volume of unfulfilled primary and additional obligations; an indication that the unfulfilled claim is not dependent on the applicant performing any counter-obligation, or that such an obligation has already been fulfilled; and the applicant's signature.
Where these grounds exist, the notary issues the enforcement sheet without requesting documents confirming non-fulfilment. The sheet may be issued by the notary who certified the transaction, or by that notary's successor; where the authority is suspended or terminated — by another acting notary. Enforcement is admitted on the original of the enforcement sheet; if it is lost, the notary issues a certified copy (duplicate), and where issue in that manner is impossible — the Notaries Chamber of Georgia does.
And the statement most often overlooked: „Enforcement on the basis of an enforcement sheet issued by a notary is carried out according to the procedure established by the Law of Georgia on Enforcement Proceedings. At the same time, the appeal of the enforcement sheet and/or the notarial document for whose enforcement the sheet was issued does not suspend enforcement.“ This means that the debtor's appeal will not stop enforcement — which is exactly why the enforcement route is a strong instrument in the creditor's hands.
Fees: An Honest Picture
Under the relevant position of the fee schedule, performing a sea protest is fixed at GEL 300 — a separate action characteristic of maritime affairs. The fees for protest of a bill of exchange and establishment of cheque non-payment are likewise set by that schedule; we determine the specific amount for each case from the corresponding position of the schedule and communicate it to you in advance — on this page we do not name figures that have not been precisely verified.
Our Role: Representation Along the Whole Chain
The service includes: a legal assessment of the debt document — which action fits your case; preparation of the documentation for the notary; deadline control — protest and presentation must be timely; drafting of the enforcement-sheet application with every component required by Article 40; and further representation at the enforcement stage. We build the sequence from the facts of your matter so that no deadline is missed.
Frequently Asked Questions
The questions we hear most often about bills and cheques:
Who performs the protest of a bill of exchange?
The notary — it is a notarial act established by law: the notary performs the protest of a bill of exchange, presents the cheque for payment and certifies the cheque's non-payment. We conduct these actions in your name and control the correctness of the procedure.
Does an appeal suspend enforcement?
No. The law states directly: the appeal of an enforcement sheet and/or the notarial document for whose enforcement the sheet was issued does not suspend enforcement. Enforcement proceeds under the procedure established by the law on enforcement proceedings.
What must the enforcement-sheet application contain?
The identity of the notary addressed; the identities of the parties and their representatives; the volume of unfulfilled primary and additional obligations; an indication that the claim is not dependent on a counter-obligation or that it has been fulfilled; and the applicant's signature. The application must be accompanied by the notarial document.
How much does a sea protest cost?
Under the relevant position of the fee schedule — GEL 300. The fees for bill protest and establishment of cheque non-payment are also determined from that schedule; we establish the specific amount for your case and communicate it in advance.
How We Help on Legal.ge
Contact us on Legal.ge: we will assess your debt document and determine the necessary notarial act; prepare the documentation and the deadlines; conduct the protest or the establishment of non-payment; draft the enforcement-sheet application and represent you at the enforcement stage. From a debt document to enforcement — one team, one strategy.