Creditor got an enforcement writ from a notary without a court: what to do under Georgian law

What to do

1. Lawful: a notary issues the writ on the creditor's written application (Law of Georgia on Notaries, Art. 40); the notary does not request proof of non-performance (Law on Notaries, Art. 40); enforcement is carried out by the National Bureau of Enforcement (Law on Notaries, Art. 40). However, the writ is not a court ruling that the creditor is right.
2. Deadlines: the Bureau must notify the debtor within 5 days (Law of Georgia on Enforcement Proceedings, Art. 25); paying within 7 days of notification entitles you to a lower enforcement fee (Law on Enforcement Proceedings, Art. 25). Key point: challenging the writ or the notarial act does NOT suspend enforcement (Law on Notaries, Art. 40), so challenge it and immediately ask the court to suspend enforcement.
3. Check: the creditor states the amount of non-performance (Law on Notaries, Art. 40), so reconcile it with your payments; for an instalment agreement, only instalments that have already fallen due may be enforced (Instruction on the Procedure for Performing Notarial Acts, Art. 72); a writ is not issued once the limitation period has expired (Instruction, Art. 72), and the limitation period for contractual claims is three years (CC, Art. 129); penalties on a loan may not exceed 0.27% of the outstanding debt per day (CC, Art. 625).
4. Challenging: file a claim in the district (city) court and request securing of the claim if, without it, protecting the right would become difficult or impossible (CPC, Art. 191); the court may also apply other necessary measures (CPC, Art. 198). Violations by the enforcement officer: a complaint to the Bureau's chairperson within 15 calendar days, or to the court within 1 month (Law on Enforcement Proceedings, Art. 18).
5. If the debt is undisputed: you may ask the court to defer or instalment the enforcement (Law on Enforcement Proceedings, Art. 18); the Bureau may grant an instalment plan of up to 12 months, and for a private debt only with the creditor's consent (Law on Enforcement Proceedings, Art. 18⁴); a settlement agreement terminates enforcement (Law on Enforcement Proceedings, Art. 34).
6. Where to apply: the notary (copies); the National Bureau of Enforcement; the district (city) court.
7. Evidence: copies of the writ and the notarial act, the Bureau's notification with its date, receipts and payment statements, your own calculation.
8. Pitfalls: waiting for a lawsuit to stop enforcement by itself; not reconciling the amount on the writ with your payments; disputing the amount of the debt at the Bureau, which is a question for the court.

Be sure to check

• a notary may issue an enforcement writ without a court on the basis of a notarial document and does not check non-performance
• challenging the writ does not in itself stop enforcement: a lawsuit and securing a suspension through the court are required
• the Bureau's deadlines (notification and the period for voluntary payment); a complaint about the enforcement officer's actions
• checking the amount, the limitation period and which payments have fallen due; instalments and settlement