Contracts and debts
Listed in the debtors' registry: consequences and how to get off it: what to do under Georgian law
What it means to be listed in the National Bureau of Enforcement's registry of debtors, which restrictions apply, the grounds and procedure for removal, and how to correct an error.
What to do
- Check: an extract is provided no later than the next working day (Law on Enforcement Proceedings, Art. 19¹). It costs GEL 10 at the Bureau or on nbe.gov.ge (Rules for Keeping the Debtors' Registry, Art. 5). Find the case number, the creditor and the amount. Why you were listed: entries are made immediately after enforcement proceedings begin (Law on Enforcement Proceedings, Art. 19¹).
- What is prohibited: disposing of or encumbering registrable property (Law on Enforcement Proceedings, Art. 19³). The Ministry of Internal Affairs (vehicles) and the National Agency of Public Registry (real estate) block transactions, and banks freeze accounts (Law on Enforcement Proceedings, Art. 19²). Not prohibited: a travel ban, which applies only to a convicted person or a person owing damages for a crime (Law on Enforcement Proceedings, Art. 28³). The registry does not replace enforcement (Law on Enforcement Proceedings, Art. 19¹).
- How to get off: exclusion follows full repayment, termination of enforcement or return of the writ (settlement, creditor's waiver), or a court decision (Law on Enforcement Proceedings, Art. 19⁴). Restrictions are lifted at the moment of exclusion (same article). The enforcement officer must apply for exclusion on the same working day (Rules for Keeping the Debtors' Registry, Art. 3). If there is no money, the property may be sold to pay the debt, with the creditor's consent (Law on Enforcement Proceedings, Art. 19⁴). An instalment plan of up to 12 months from NBE is possible with the creditor's consent (Law on Enforcement Proceedings, Art. 18⁴), but the entry remains until the debt is repaid.
- Error, or paid but the entry remains: the supplier of incorrect data is responsible for it, and NBE checks the data (Rules for Keeping the Debtors' Registry, Art. 3). Complaint to the Chairperson of NBE within 15 calendar days, or to court within 1 month (Law on Enforcement Proceedings, Art. 18).
- Where to apply: National Bureau of Enforcement (NBE); court.
- Evidence: registry extract, payment receipts, settlement, creditor's consent, case number.
- Pitfalls: paying the creditor directly without informing NBE; waiting for the entry to lapse on its own; being afraid of a travel ban over an ordinary debt.
Be sure to check
- how to check yourself in the registry and why entries are made (at the start of enforcement proceedings)
- what restrictions apply: disposal of vehicles and real estate, accounts; no travel ban for a civil debt
- grounds for exclusion and lifting of restrictions; obligation to exclude on the same day
- sale of property with the creditor's consent; instalment plan
- error in the registry: complaint to the NBE Chairperson or court, with deadlines