What does the service "eviction of property from illegal use" imply and when is it necessary?
The service implies the eviction of the immovable property from illegal occupation and/or use and/or the delivery of the immovables to a creditor's ownership or use.
In case you are the owner of immovable property and your legal rights are violated by the third party(parties) and you can't manage your property (use, possession, control), you are authorized to demand the eviction of your immovable property from illegal use.
Who do I have to assign for eviction of the property from illegal use?
In order to ensure the eviction of your property from illegal use you have to apply to the National Bureau of Enforcement. You have to present the following documents:
Can I assign for the eviction of the property from illegal use via warrant and what additional documentation is required?
Yes, you can. An assigner for the service can be you as well as your representative. If the assignment is presented by the representative, he/she has to present the warrant with the right on case management in the Enforcement Bureau.
How much is the service due and how is the payment made?
A creditor pre-pays the service due in advance while presenting the enforcement sheet, that is 1% of the market value of the item, it should be no less than 100 GEL.
Who do I have to apply if I have signed a mortgage agreement on a vehicle and I demand that I should become the owner of the mortgaged item when the requirement hasn't been met. However, the depositor doesn't fulfill my demand within 2 weeks from my written warning?
You can apply to NBE without court decision and require for complusory enforcement.
There are the following mandatory terms:
* Eviction of mortgage certificate from Service Agency of MIA
* Provision of valuation of the mortgage item by expert/audit
* In compliance with the valuation report, you have to pay the enforcement due, that is 1% of the item value and not less than 100 GEL
* You have to present the mortgage certificate in NBE together with the valuation report, confirmation document of the payment of enforcement service due, your ID and the warrant in case of representation in order to get the compulsory enforcement started. An assignment regarding the registration of the enforcement document is filled in by a NBE worker via the electronic program.
A mortgager is responsible for reasonable presentation of the mortgage certificate