Won in court, debtor won't pay: enforcement through the NBE: what to do under Georgian law

What to do

1. Readiness: enforcement is possible only after the judgment has entered into force (Civil Procedure Code of Georgia, Art. 267). The original writ of execution (სააღსრულებო ფურცელი) is required (Law on Enforcement Proceedings, Art. 20). The limitation period for a court judgment is 10 years (Civil Code, Art. 142).
2. Application: NBE starts proceedings on the creditor's written application with the writ (Law on Enforcement Proceedings, Art. 25). An individual or a private company may apply to any bureau (same article). Alternatively, a private enforcement officer may be engaged under a contract; the parties are private and the amount may be up to GEL 500,000 (Law on Enforcement Proceedings, Art. 14⁷). Fees: the creditor pays an advance fee of up to 2%, minimum GEL 50, refundable as the amount is recovered (Law on Enforcement Proceedings, Art. 38). The fee charged to the debtor is up to 7%, minimum GEL 50 (same article).
3. Process: the debtor receives a 5-day notice; payment within 7 days covers only the advance part of the fee (Law on Enforcement Proceedings, Art. 25). The debtor is entered into the debtors' registry immediately (Law on Enforcement Proceedings, Art. 19¹). Banks freeze all of its accounts up to the amount of the debt (Law on Enforcement Proceedings, Art. 19²). If property is seized, an auction is held within 1 month of the seizure (Law on Enforcement Proceedings, Art. 69), followed by payment. The debt is fixed: from the start of proceedings, interest and penalties are no longer accrued (Law on Enforcement Proceedings, Art. 25).
4. Helping the enforcement officer: report the debtor's accounts, vehicles, real estate and employer. If the debtor is hiding, request a search through the court.
5. If it stalls: if there is no property for 2 years, the writ is returned. It may be extended for 1 year for GEL 200 (Law on Enforcement Proceedings, Art. 35). Inaction may be challenged with the Chairperson of NBE within 15 calendar days, or in court within 1 month (Law on Enforcement Proceedings, Art. 18).
6. Where to apply: National Bureau of Enforcement (NBE) or a private enforcement officer (კერძო აღმასრულებელი).
7. Evidence: original writ, copy of the judgment with a mark of entry into force, information on the debtor's property.
8. Pitfalls: applying before the judgment enters into force, or with only a copy of the writ; looking for 'court bailiffs', since there are none in Georgia; failing to extend the proceedings when there is no property.

Be sure to check

• enforcement writ after the judgment enters into force, plus a written application to NBE (or to a private enforcement officer)
• creditor's advance fee (up to 2%, minimum GEL 50, refundable) and the fee charged to the debtor (up to 7%)
• debtors' registry, freezing of accounts, auction; the voluntary payment period
• limitation for the judgment, and extension where there is no property
• complaint about the enforcement officer's inaction, with deadlines