1. What does Summary Proceedings imply and which procedures got simplified due to its implementation?
Summary proceedings regarding monetary liabilities is the NBE-conducted process targeted at securing a creditor's assignment without any legal procedures. Accordingly, instead of undergoing a couple of mandatory stages of applying the court and National Bureau of Enforcement afterwards, customers can solve the monetary liabilities-related cases in their favorable terms.
2. What are compulsory procedures before an application gets to a Case Manager?
An applicant of summary proceedings is a person certifying the monetary liability against his/her debtor via written evidence. After the application has been accepted and registered by the Bureau Administration, its contents and the enclosed documentation are checked against the requirements stated in the application. If the application meets all legal requirements, then a case Manager comes into play.
3. After receiving the application by the Case Manager, what is the deadline of preparing the notification and how is a defendant notified?
A defendant is notified about the beginning of summary proceedings within 5 work days after an application has been registered. It's worth mentioning that case notifications of this category shouldn't be publicized. The notification must be handed in in-person or any adult member of the family of the defendant gets it.
4. When is the attachment applied?
Attachment as a means of securing the assignment is used in summary proceedings only in case an applicant wants to have the pay order enforced in immediate terms and he/she has made the pre-payment for enforcement services and attachment activities as a form of guarantee due. An applicant should note this in the application. Herewith, attachment can be applied only on the registered property of a defendant. An applicant must understand the value of the attachment activity and consider its feasible negative impact on the defendant, as far as the applicant is responsible for the damage faced by the defendant in case the attachment proves to be unjustified.
5. What should a defendant do, having received the notification?
While handing in a notification, he/she is debriefed on the ways to respond to the assignment and all the feasible legal outcomes. There are 10 calendar days to fully meet the requirement or take the legal steps that are most favorable, including the presentation of proposal regarding the negotiation of pay terms. With the goal of supporting the negotiation process, a Case Manager closely cooperates with the parties so that the process ends with the win-win result for both the applicant and the defendant.
6. In case a defendant protests against the assignment, what will come further?
Sending a written protest by a defendant means the summary proceeding is over, although the attachment on the property will be prolonged for the next month so that an applicant is able to take a legal action against the defendant.
7. When is a debt acknowledged or when do negotiations work?
The debt will be acknowledged if a defendant doesn't take any legal steps within the deadline or presents the written acknowledgement of the full assignment or the part of it. The agreement will be reached in case an applicant accepts the negotiation terms suggested by a defendant. However, it doesn't exclude the possibility that during negotiations the parties reach an agreement completely different from the initial terms.
8. What is the due pay for starting the proceedings and handling further procedures?
At the very start of the procedure an applicant has to pay the application fee - 100 GEL per legally sound application. An applicant has to pay an attachment fee - 50 GEL per attached item if he/she requires the fulfillment of the pay order and the attachment of a defendant's property. As refers to the summary proceedings due pay, it has to be paid by a defendant. The fee totals 2% of an applicant's assignment and a defendant pays it while paying the liabilities.
9. Which public Service deals with summary proceedings and what are qualification requirements for appointment positions?
The Service is led by the structural unit of NBE - Summary Proceedings Service that has been established for the very purpose. The key requirements for the personnel in the Office are their professional skills, experience, IQ, honesty. Case Managers can be of various professions. However, they should be fully aware of the legal issues like: commitment and contract relations, principles of compulsory enforcement. They should also be good communicators, positive and reliable personalities.
10. What is a competitive advantage of summary proceedings?
Solving monetary liability cases via summary proceedings saves financial resources and time of the parties. All the costs of a creditor while disputing a case in the court and further during the compulsory enforcement of the case are paid by a defendant. The decrease of procedures in the process overall will reduce expenses and save time. As mentioned above, the parties will only have to deal with NBE while solving the problem. The Bureau will do its best and make all legal efforts in order to get the summary proceeding successfully completed where it started.