Bank account, salary or pension has been seized: what to do under Georgian law

What to do

1. Deadlines: a complaint against the enforcement officer’s action goes to the President of the National Bureau of Enforcement within 15 calendar days, or directly to court within 1 month (Law on Enforcement Proceedings, Art. 18). A complaint does not itself suspend enforcement, so request suspension (Art. 18³).
2. Mechanics: recovery is levied on salary, pension, scholarship and other income (Law on Enforcement Proceedings, Art. 17). After entry in the debtors’ register, the bank itself freezes all accounts, including new ones, within the amount of the debt (Art. 19²). A salary garnishment also applies to future payments (Art. 56). Ask the NBE for the case number, the creditor and the amount.
3. What is protected: targeted state assistance is not subject to seizure (Law on Enforcement Proceedings, Art. 45). Neither is the property of a family listed in the database of socially unprotected persons, below the threshold, except pledged property (Art. 45). Release covers income below the subsistence minimum (Art. 45). Assets in an individual accumulative pension account are not subject to recovery (Law on Accumulative Pension, Art. 24). A state pension may be garnished by court decision by no more than 50% (Law on State Pension, Art. 19). For salary, the enforcement law sets no percentage; by reference to the Labour Code of Georgia, a one-time deduction from salary by an employer may not exceed 50% (Labour Code of Georgia, Art. 43).
4. Release: file an application or complaint with the NBE, with a statement on the nature of the receipts. If refused, a dispute over release from recovery is decided in court (Law on Enforcement Proceedings, Art. 45). When a claim is filed, the court may suspend enforcement against the disputed property (Art. 36).
5. Reducing the burden: the NBE President may grant an instalment plan of up to 12 months (for private debt, with the creditor’s consent) (Law on Enforcement Proceedings, Art. 18⁴). The court that issued the decision may defer payment for up to 3 months or grant instalments for up to 1 year (Civil Procedure Code of Georgia, Art. 263). From the start of enforcement, interest and penalties on the principal debt do not accrue, except for taxes (Law on Enforcement Proceedings, Art. 25). Check the calculation.
6. Where to apply: the National Bureau of Enforcement (აღსრულების ეროვნული ბიურო); the court. The bank only carries out the freeze.
7. Evidence: bank statement showing payment purposes; certificate of pension or assistance; enforcement officer’s decisions; debt calculation.
8. Traps: waiting for the bank instead of complaining to the NBE; Russian-style rules (an automatic minimum balance, fixed shares) do not apply in Georgia; a new account will also be frozen.

Be sure to check

• why all accounts are frozen: the debtors’ register, and the freeze applies within the amount of the debt
• protected income: targeted assistance, income below the subsistence minimum, accumulative pension; the limit on state pension
• deadlines for a complaint to the NBE and to court; a complaint does not by itself suspend enforcement
• instalment plan (NBE or court) and stopping interest from the start of enforcement