- Are you a creditor applying us with the goal of enforcing the decision?
- Are you a debtor interested in your case proceeding?
- Remember that you as a creditor as well as a debtor have right to require full-scale information from the enforcement body regarding your case except the data including confidential information in connection with enforcement procedures and tax and bank-related data consisting of commercial secret. You are authorized to be provided with necessary tidings and case materials, also to make photo copies in case of desire.
- Dispute about property belonging or its price
- Reach an agreement and produce a relevant written document for the enforcement officer body. The latter sends it for the ratification considerations to the Court which supervises the territorial unit where the case is being enforced. The Document is due to be sent within 3 days. To exercise the right on arrangements is allowed prior to the public announcement of an auction.
- Introduce individuals interested inpurchase of realization-bound property with the enforcement officer body.
- Conduct enforcement-related proceedings in relevant territorial bureaus via representatives. Specifically, the authority of a representative has to be structured in a warrant issued and registered in compliance with the law. Citizen-delivered warrants have to be notarized or be certified by the organization where the warrant-giver studies or works, by the administration of an in-patient medical institution where the citizen is being treated; by the relevant military unit in case a warrant is issued by a military servant. A warrant is issued by the Head or other authorized official by the name of the Organization.
- To make photocopies of accomplished enforcement-related documentation, as far as the preservation of the material is mandatry; the regulation and conditions of the storage, also the due for receiving the photo copies are formulated by the edict of the Minister of Justice of Georgia.
- You can declare mistrust in a written form, if you consider that a enforcement officer is directly or laterally connected with the case result or in case there is any other evidence that arises suspect in his/her impartiality. The issue is solved by the territorial BE Head and the sides of the enforcement proceeding are informed about the decision. The Decision is bound to appealing at court. Mistrust towards an NBE employee is solved by the NBE Chairperson.
- To appeal against the enforcement officer action within 15 days of the enforcement-related execution of the case with the Head of EB, also the action of enforcement officer in court or/and the BE Head's refusal to react adequately to the complaint within a month from the enforcement-related action or the refusal.
- "Law on Enforcement Proceedings" authorizes a debtor to demand the enforcement apportionment in connection with the payment within 12 months via applying NBE. the latter is empowered to ensure the apportionment of the commitment fulfilment by a debtor in favor of the State budget-related enforcement cases on its initiative, whereas other types of cases need a creditor consent.
- A creditor is allowed to refuse to pay the due and close the case altogether, require a withdrawal of the enforcement sheet via a reference, also to demand the appplication of one of the modes of compulsory enforcement of a debtor property (forceful mortgage or auction, compulsory management or sequestration of the property). In case of necessity an enforcement officer can be required to seal the registered items and mark it in the Register Act.
- Prior to announcement of a public auction, a creditor is authorized to stop the enforcement proceeding, demand that the enforcement document should be withdrawn and the property should be unattached.
- A creditor is authorized to require that a enforcement officer seals the items bound to census and requires for making a relevant notification in the census-attachment act by an enforcement officer.
- Prior to the public announcement of a compulsory auction, a creditor has a right to apply to a enforcement officer to strike off the attached property. a enforcement officer strikes off the property from the census-attachment act accordingly.
Debtor&creditor rights are stipulated in the "Law on Enforcement Proceedings" empowering the parties to demand the thorough execution of all the legal rights.
