A compulsory enforcement procedure implies a quest of a debtor property together with other type of enforcement activities. In order to investigate a debtor-owned property an enforcement officer applies to all the Georgia-operating banks and the bodies stipulated by the law on enforcement issues with the goal of getting information concerning bank accounts and the sums transferred to those accounts opened for a debtor. All the accounts are sequestrated in compliance with the enforcement statement.
An enforcement officer is authorized to ensure the compulsory payment of a pecuniary statement via a debtor's bank accounts on the basis of an encashment task. After the deadline has been expired to fulfill the statement, an enforcement officer sends a relevant encashment order to a bank regarding the cutting of funds from a debtor's bank account and transferring them to deposit account of Tbilisi Enforcement Bureau.
In case debtors are governmental institutions or/and other budget-funded bodies, the encashment task is sent to National Bank of Georgia. If a debtor is a natural person or a legal entity of private/public law or a local self-government body with their own deposit accounts, the encashment statement is sent to the bank where a debtor's current accounts have been opened. When not a full but a step by step fulfillment of a creditor's statement is ensured via encashment task, a written consent of a creditor is required.
Compulsory payment can be conducted by a private enforcement officer on the basis of the encashment task. In this case a bank account of a creditor is directly indicated in the encashment task presented to a debtor's bank account, while an account of a private enforcement officer is shown in the space aimed at pointing the figures of enforcement due. The funds are transferred to the bank account of NBE and later on the enforcement service due and a creditor demand is paid. The fulfillment of an encashment task is compulsory and its ignorance results in certain charge stipulated by the law.
