What does the service "Enforcement of Securement of Suit" imply?
It implies the execution of court decision about measures for securement of the suit
Who do I have to apply for enforcement of court decision about measures for securement of the suit?
You have to apply NBE for enforcement of court decision about measures for securement of the suit. You have to present the following documents:
Note: No pre-payment of the service due for:
a) person registered in the database of socially vulnerable families. It has to be testified by the relevant certificate;
b) creditor, by court decision.
How much is the service due and how is payment made?
The payment is made beforehand while presenting the enforcement sheet. For enforcing measures for securement of the suit, enforcement due per item bound to regsitration totals 100 GEL.
How is an item attached?
while attaching an item, an enforcement officer makes an attachment act pointing out the property and its accurate description, also the date and place of compiling an act. The document is signed by an enforcement officer, a creditor, a debtor, a property keeper and persons attending the attachment process. Attachment is fulfilled on the basis of the court decision - as one of the measures for securement of the suit, also with the goal of executing court decision by the enforcement officer. Entire property of a debtor is bound to attachment except the items stipulated by Article 45 of Law on Enforcement Proceedings of Georgia
What type of immovables are bound to attachment?
Any kind of immovables can be attached.
What type of movable property isn't bound to attachment?
In compliance with Law on Enforcement Proceedings of Georgia, the following movable items aren't bound to attachment:
a) Items of private use that are necessary for a debtor for his/her work activities, everyday life and household needs.
b) Food, fuel and lighting facilities sufficient for 4 weeks for a debtor, his/her family and persons residing together with him/her. In case there are no such supplies for the given time period and their purchase is impossible by any other way, then the necessary sums are to be allocated;
c) Sheep and goats with limited amount, a cow, or two pigs, sheep or goats according to a debtor choice if they are compulsory for feeding a debtor, the family or persons residing together with him/her; also the stock of cattle food sufficient for three months; in case there is no such supply and the purchase is impossible by any other way, the due funds have to be allocated for the goal;
d) Persons working on land have right to use the tools they need, maintain the necessary live-stock, manure and agricultural products, as far as they are compulsory for living or until reaping the next harvest or for further conduction of agricultural activities;
e) For persons earning a living by working physically or mentally or by any other type of work, items necessary for such activities.