Compulsory enforcement proceeding implies an attachment of a debtor's property. Both movable and immovable property of a debtor and assignments as well are bound to attachment. According to the attachment term, an owner isn't permitted to manage the property in any way, alienate or mortgage it, sign any rent or lease agreement concerning the property. Every single deal regarding the attached property will be considered invalid. While attaching, a bailiff devises an attachment act indicating the property name in it and its accurate description, also the date and place of the compilation of an act. The Document is signed by an enforcement officer,a creditor, a debtor, a property keeper and persons attending the attachment process.
An enforcement officer attaches the movable property that is at a debtor despite the pretensions of the third parties and makes a special notification in the Census Act. Simultaneously, an enforcement officer explains to a person to be guided by the legal action against attaching the property. In case the action is secured, the items will be unattached.
If the third person presents the document confirming the property right, a bailiff is authorized to strike off the property from the Census and Attachment Act in case there is a creditor's consent.
All types of property owned by a debtor are sequestration-bound except the ones enlisted in the law on enforcement procedures. Specifically, the following property types aren't bound to sequestration:
a) Items of private use that are necessary for a debtor for his/her work activities, everyday life and household needs
b) Food, fuel and lighting facilities sufficient for 4 weeks for a debtor, his/her family and persons residing together with him/her. In case there are no such supplies for the given time period and their purchase is impossible by any other way, then the necessary sums are to be allocated
c) Sheep and goats with limited amount, a cow, or two pigs, sheep or goats according to a debtor choice if they are compulsory for feeding a debtor, the family or persons residing together with him/her; also the stock of cattle food sufficient for three months; in case there is no such supply and the purchase is impossible by any other way, the due funds have to be allocated for the goal
d) Persons working on land have right to use the tools they need, maintain the necessary live-stock, manure and agricultural products, as far as they are compulsory for living or until reaping the next harvest or for further conduction of agricultural activities
e) For persons earning a living by working physically or mentally or by any other type of work, items necessary for such activities
g) State-issued targeted aid
h) property of the member of a family registered in the united database of socially vulnerable families, the social-economic index of which is lower than the limit set by the Georgian government.
An enforcement officer applies to an expert for valuation of the attached property. The expert evaluates the property according to its market price. Later on the property is sold at auction. One and the same property can be bound to multiple attachments in favor of several creditors. That is indicated by an enforcement officer in an attachment act.
If a demand is bound to attachment, NBE issues a relevant order in case there is a creditor's consent. The order should include the reasoning for the creditor's claim, requirements to be fulfilled by the latter and the addressee against whom the demand is directed. An order regarding the payment to a creditor should be issued together with the attachment
An attachment-related order should be delivered to a charged person (the one who compulsorily undergoes the census on the property of a defendant. The property is kept by the charged one). The order should be delivered to a creditor and a debtor. The attachment becomes valid by the delivery of an order to the charged person within the sidelines of a creditor's claim. A debtor is no longer authorized to manage the demands, whereas a charged person has no right to take any step implying the responsibilities. He/she has to pay the attached sum to a creditor. Any other action included in the commitment should be conducted by an enforcement officer.
The attachment-related order, issued in order to secure the above-mentioned demand, may also refer to the part of a creditor's claim that will have to be enforced in the future.
An attachment-related order referring to claims on a salary or any similar pretensions of a debtor against a charged person regarding the regular incomes consider those funds that are to be paid after the attachment.
An enforcement officer applies to all the banks operating on Georgian market to attach all bank accounts of a debtor. All types of bank accounts are bound to attachment whether salary, pension, credit or deposit-related ones.
