Contracts and debts

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

What to do if a creditor obtained an enforcement writ from a notary without a court judgment: the deadlines set by the National Bureau of Enforcement, how to check the amount, how to challenge the writ and how to ask for an instalment plan.

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

Provisions in force (texts in Georgian)

ნოტარიატის შესახებ

საქართველოს სამოქალაქო კოდექსი

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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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