Contracts and debts

Can debts stop me from leaving Georgia?: what to do under Georgian law

Whether debts can prevent you from leaving Georgia: which grounds for an exit ban are exhaustive, the one debt-related ban that exists, how to lift it, and the special rules for foreigners and travel to the EU.

What to do

  1. Basis: exit from Georgia is free and may be restricted only by law (Constitution of Georgia, Art. 14). There are no bans “based on the amount of a debt” and none imposed by a bank or an enforcement officer.
  2. Check: the list of grounds for refusing a citizen at the border is exhaustive: wanted status, forged documents, a ban under the Criminal Procedure Code, and unpaid damage from a crime. An ordinary debt is not among them (Law of Georgia on Exit from and Entry into Georgia of Citizens, Art. 10). A loan, a court debt or an enforcement case at the National Bureau of Enforcement (NBE) is not a ground: the debtors' register restricts transactions in registrable property, not exit (Law of Georgia on Enforcement Proceedings, Art. 19³), and recovery continues in the meantime (Art. 19¹).
  3. Exception: exit may be banned only for a person convicted of certain crimes who owes compensation for damage caused by a crime, until the damage is repaid (citizens and stateless persons with status) (Law on Enforcement Proceedings, Art. 28³). Conditions: a conviction for the listed property offences (qualified fraud, extortion, embezzlement; damage to property where the damage exceeds 10,000 lari, among others) (Criminal Procedure Code of Georgia (CrPC), Art. 165⁷), and the victim has not waived the ban in writing (CrPC, Art. 165⁷). The NBE notifies the Ministry of Internal Affairs (MIA) when proceedings start and end (Law on Enforcement Proceedings, Art. 28³).
  4. Lifting the ban: the ban is lifted when compensation is paid or the victim waives it in writing (CrPC, Art. 165⁸). At the border, the proof is a notarial document confirming payment or waiver, or an NBE certificate that the proceedings have ended (Law on Exit from and Entry into Georgia of Citizens, Art. 10). A refusal at the border can be challenged in court (Law on Exit from and Entry into Georgia of Citizens, Art. 26).
  5. Alimony: a debt does not prevent exit, but wilful evasion of alimony under a court decision is a crime (Criminal Code of Georgia (CrC), Art. 176); an accused person may have their passport suspended (CrPC, Art. 163).
  6. Foreigners: a foreigner may be refused exit only by court decision, until serving a sentence, or for evading an obligation toward an administrative body (Law of Georgia on the Legal Status of Aliens and Stateless Persons, Art. 49). Debts take effect on return: an unpaid fine is grounds to refuse a visa or entry (Law on the Legal Status of Aliens and Stateless Persons, Art. 11); fines from traffic cameras for a car with foreign plates are paid at the border (Code of Administrative Offences of Georgia (CAO), Art. 290¹).
  7. “Not allowed to leave” for the EU: you will not be let out to the EU or Schengen area without the required documents (passport, ticket, booking, insurance, funds). A debt is not a factor (Law on Exit from and Entry into Georgia of Citizens, Art. 10).
  8. Where to apply: MIA border control; the NBE; the Probation Agency; the court.
  9. Evidence: NBE certificates; the sentence, the document confirming payment to the victim or the victim's waiver; a written refusal at the border.
  10. Pitfalls: applying the Russian or Kazakh rules on exit bans for debtors; confusing the debtors' register with an exit ban; paying the victim without a document for the border; a foreigner leaving with unpaid fines.

Be sure to check

  • an ordinary civil debt (loan, microloan, court debt, enforcement proceedings, debtors' register) does not bar exit from Georgia; the list of grounds is exhaustive
  • the only debt-related ban applies to a person convicted of certain property crimes, until compensation is paid to the victim; how to lift it and what proves it at the border
  • alimony is not a ground for a ban, but wilful evasion is a criminal offence, and an accused person may have their passport suspended
  • foreigners: grounds for refusing exit; unpaid fines lead to refusal of entry, not exit
  • a border refusal can be appealed in court; for travel to the EU, check the Schengen documents

Provisions in force (texts in Georgian)

საქართველოს მოქალაქეების საქართველოდან გასვლისა და საქართველოში შემოსვლის წესების შესახებ

საქართველოს კონსტიტუცია

საქართველოს სისხლის სამართლის საპროცესო კოდექსი

საქართველოს სისხლის სამართლის კოდექსი

უცხოელთა და მოქალაქეობის არმქონე პირთა სამართლებრივი მდგომარეობის შესახებ

საქართველოს სამოქალაქო საპროცესო კოდექსი

This is an overview, not legal advice. Deadlines and amounts follow the current wording of the law — check them against the text of each article.

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