Contracts and debts
Complaint about an enforcement officer's actions or inaction: what to do under Georgian law
How to challenge an enforcement officer's actions or inaction in Georgia: the two routes and their deadlines, how to file, whether enforcement is suspended, how long review takes, and the limits on challenging property valuation and auctions.
What to do
- Deadlines first: these are the two you need to watch. Complaint to the Chairperson of NBE within 15 calendar days, or straight to court within 1 month from the action (Law on Enforcement Proceedings, Art. 18). The Chairperson's decision may be challenged in court within 1 month of its service (same article). Choose one route: a dispute already before a court will not be considered by the Chairperson (Law on Enforcement Proceedings, Art. 18³).
- The complaint: in writing, on the approved form, with the case number and evidence (Law on Enforcement Proceedings, Art. 18³). A complaint is filed once and does not itself suspend enforcement (same article), so file a motion for suspension at the same time. Review: a decision is made within 30 days (+15). Silence counts as a refusal (same article).
- Inaction: the enforcement officer must take all measures for prompt and effective enforcement (Law on Enforcement Proceedings, Art. 17). Point out known property, and challenge the specific action that was not taken.
- Valuation and auctions (debtor): challenge before the auction. Before the Bureau's valuation, a party may submit an expert report on market price (not older than 6 months before the proceedings began) (Law on Enforcement Proceedings, Art. 47). After the valuation, a dispute over price does not cancel the auction if the starting price did not exceed market value (Law on Enforcement Proceedings, Art. 18). The order transferring ownership to the buyer is an administrative act, challenged in court (Law on Enforcement Proceedings, Art. 18³).
- Other: an enforcement officer may be recused on the grounds set out in the Civil Procedure Code (Law on Enforcement Proceedings, Art. 15²). Deferral or instalments are granted through the court (Law on Enforcement Proceedings, Art. 18). A private enforcement officer is liable for damage it causes (Law on Enforcement Proceedings, Art. 14¹⁶).
- Where to apply: Chairperson of the National Bureau of Enforcement (აღსრულების ეროვნული ბიუროს თავმჯდომარე); court.
- Evidence: case number, the enforcement officer's acts with dates, valuation report, expert price appraisal, debt calculation.
- Pitfalls: the deadline runs from the action itself; carrying over Russian deadlines or a 'senior bailiff', since in Georgia there is only the NBE Chairperson or the court; expecting a complaint to stop an auction; contesting a valuation after the auction rather than before it; complaining to the Chairperson and suing on the same question at the same time.
Be sure to check
- two routes and deadlines: the NBE Chairperson or direct court; appealing the Chairperson's decision
- a complaint does not suspend enforcement by itself; a motion for suspension is needed
- review deadline, and silence treated as refusal
- property valuation: challenge before the auction (expert report); limits on cancelling the auction
- recusal of the enforcement officer; liability of a private enforcement officer