During the solicitation of immovable property from illegal use, when the enforcement task implies the delivery of the immovable property to a creditor and/or the eviction of persons from the immovable property, NBE ensures that a creditor gets the immovable property.
Solicitation of immovable property from illegal use takes place on the basis of court decision and the assignment of the purchaser (purchaser at auction or without an auction, receiver of the property in kind).
If you have a court decision regarding the solicitation of immovable property from illegal use and a debtor (debtors) doesn't leave it voluntarily, you as a creditor are authorized to apply to the relevant territorial unit of NBE according to the location of a debtor or his/her property. The NBE will ensure his/her eviction and the delivery of the property.
You have to present the following documents in order to get the enforcement proceedings started:
A purchaser of the immovable property demanding the solicitation of the property from illegal use (eviction) should present the following documents to NBE:
Within 5 days of registration of the enforcement sheet, NBE sends a notification to a debtor regarding the voluntary fulfillment of the decision within 10 days. The notification includes the feasible results in case of non-fulfillment, also the date and time of the eviction.
NBE informs a creditor about the date and time of eviction. A creditor is obliged to attend the eviction process. The non-attendance is the cause of cancelling the enforcement activity altogether.
If a debtor is just attending the process and isn't contributing to the process, an enforcement officer is authorized to ensure the eviction himself/herself. NBE doesn't take responsibility for the loss or injury of the property.
In case a debtor or his/her representative isn't attending the eviction process despite the notification, an enforcement officer is authorized to get into a debtor's property without the consent of the owner in compliance with the order issued by the NBE Chairperson.
An enforcement officer doesn't take responsibility for the injury caused by the attempts to get into the property, even if it had been avoidable.
An enforcement officer is obliged to do his/her best in order to avoid any type of ruin of a person's health. An enforcement officer registers the items in immovable property, makes the property census act and delivers the copy to a creditor. In case a creditor refuses to receive the property census act, the enforcement officer makes a relevant notification in the act. A creditor should ensure the storage of a debtor's items or their delivery to a debtor. A debtor has to cover the costs of eviction and their delivery.
an enforcement officer draws up a statement of the case in connection with the eviction. The document is signed by the parties of enforcement proceeding and the attendees. In case the parties of enforcement proceedings refuse to sign the document, the enforcement officer makes a notification in the statement of the case.
In case the property is evicted from illegal occupation or use on the basis of an enforcement paper, statement of a mortgagor with a mortgage certificate or a purchaser of immovable property, NBE is authorized to valuate the property in return for the payment of the service (Iidentified by the order issued by the Minister of Justice of Georgia) due. In this case the enforcement proceeding can start without the presentation of a document certifying the market value of the property. After the valuation of the property NBE sets a deadline to a creditor for paying the due. Non-payment of the due within the deadline results in the withdrawal of an enforcement paper as a non-enforced one.