Judgment in hand, but the debtor 'has nothing': what to do under Georgian law

What to do

1. Deadlines: if there is no property for 2 years from the start of proceedings, the writ is returned (except for alimony, labour claims, damage to health and claims arising from a crime) (Law of Georgia on Enforcement Proceedings, Art. 35). Before the period expires, it may be extended for 1 year for GEL 200, every year (same article). If the writ is returned, the measures are cancelled, and the limitation period is suspended until a new claim is filed (same article). The limitation period for a court judgment is 10 years (Civil Code, Art. 142). Proceedings terminate 10 years after they began (Law on Enforcement Proceedings, Art. 34).
2. Search: banks, state bodies and counterparties must report to the Bureau on the debtor's property, income and accounts (Law on Enforcement Proceedings, Art. 17). A debtor listed in the registry has its accounts frozen by banks on the next banking day, including new accounts. Registries report new property (Law on Enforcement Proceedings, Art. 19²). The debtor is prohibited from disposing of registrable property (Law on Enforcement Proceedings, Art. 19³). Report to the Bureau any known assets and counterparties.
3. Informal income: at the creditor's application, the debtor's claims against third parties are seized, and those third parties pay the creditor (Law on Enforcement Proceedings, Art. 56).
4. Property held by relatives: enforcement may be levied on the debtor's share of joint spousal property, or on all joint property, if the court finds that the debt was incurred for family needs (Civil Code, Art. 1170). A sham re-registration is void, and can be challenged by claim (Civil Code, Art. 56). If the debtor is hiding, a search and forcible appearance through the police can be ordered by the court (Law on Enforcement Proceedings, Art. 30).
5. Control: complaints about the enforcement officer go to the Chairperson of the Bureau within 15 calendar days, or to court within 1 month (Law on Enforcement Proceedings, Art. 18). Evading enforcement of a court decision is a crime (Criminal Code, Art. 381).
6. Where to apply: National Bureau of Enforcement or a private enforcement officer; court; police.
7. Evidence: writ of execution, Bureau resolutions, extract from the debtors' registry, information on the debtor's property and income, transactions with relatives.
8. Pitfalls: waiting in silence, since after 2 years the writ is returned without extension; assuming that return of the writ extinguishes the debt; looking for a Russian-style travel ban on the debtor, since none exists for a private debt.

Be sure to check

• after 2 years without assets the writ is returned; extension for 1 year for GEL 200, before the period expires, every year
• after return, measures are cancelled and limitation is suspended; the outer limit for proceedings is 10 years
• search tools: Bureau inquiries, debtors' registry (freezing of new accounts, prohibition on disposal), seizure of the debtor's claims against third parties, search through the court
• property of a spouse or relatives: the spouse's share, claim to void a sham transaction; evasion is a criminal offence