1. How are costs payable to private enforcement officer defined?
For providing enforcement activities as well as legal consultations and technical works connected with these activities private enforcement officer takes payment the amount, payment order and terms of which are defined by agreement with the interested party.
2. What maximal amount of payment to private enforcement officer is defined by the law?
Payments covered or to be covered by creditor must be repaid by debtor and it is extracted together with the enforcement assignment. Debtor can not be subject to pay amount more than enforcement costs defined by the law.
3. Can private enforcement officer be avoided and how?
Issue of private enforcement officer avoidance is solved by the court on the coverage area of which the enforcement takes place, based on the corresponding motivated request of debtor.
4. Is coverage area of private enforcement officer limited or not?
Private enforcement officer is a private person who performs public authority - enforcement activities on the entire territory of Georgia.
5. What types of cases are not enforced by private enforcement officer?
Solution of the following issues is outside the competency of private enforcement officer:
a) penalty payment and/or property sequestration based on the legally valid court indictment on criminal case against a private person and/or legal entity
b) legally valid court decision on case of administrative violation in the property payment part and penalty in the kind of administrative payment
c) other decisions of state court as well as international court of criminal law enforcement of which is provided for by the legislation of Georgia
d) decisions of the European Court of Human Rights
e) decisions of the European Court of Human Rights that are obligatory for Georgia according to the European Convention "On Protection of Human Rights and Basic Freedoms"
f) court decision on banishment of foreigners from Georgia
g) court decision on sale of arrested property of debtor (tax payer) under tax pledge/mortgage
h) decree of the chairman of the General Court of Georgia or Assembly chairman (judge) on fining and arresting person violating order in the court
i) Application of a purchaser of immovable property regarding the eviction of the property from illegal occupation and use of another person
j) While managing a case regarding the disability for payment, the function of a guardian or the manager of bankruptcy. (takes effect from 1 August 2011).
6. Does private enforcement officer have the right to conduct auction?
He/she makes an application to the Enforcement Bureau for providing an auction-related service, provides certified copies of auction documentation (corresponding materials of enforcement proceedings) to the Enforcement Bureau and transfers due service costs to the Enforcement Bureau.
7. When auction services are provided to private enforcement officer who releases arrest applied by private enforcement officer in case of sale of property?
Arrest applied by private enforcement officer is released by private enforcement officer.
8. Is it possible to terminate enforcement of assignment with private enforcement officer and apply to the Tbilisi enforcement bureau with the same enforcement paper?
It is possible to terminate enforcement of assignment with private enforcement officer and applicate to the National Bureau of Enforcement with the same enforcement paper.
