After the recognition and enforcement of a foreign court decision in Georgia, the stage of enforcement proceedings begins. The purpose of this stage is the actual satisfaction of the claimant's demands through the defendant's property.
The main stages of enforcement proceedings are:- Issuance of the enforcement order: Based on the court's decision, an enforcement order is issued to the claimant, which serves as the basis for initiating enforcement actions.
- Submission of the enforcement order to the National Bureau of Enforcement: This is the state body responsible for carrying out enforcement actions in Georgia.
- Carrying out enforcement actions: The enforcement officers take measures to identify and seize the defendant's property, including the attachment and sale of assets, withholding funds from bank accounts, and other actions provided by law.
The duration of enforcement proceedings depends on the specific circumstances of the case, including the volume and nature of the defendant's property, their cooperation with enforcement officers, and other factors. The costs of enforcement proceedings include a state fee, which is 2% of the claim amount, but no less than 50 GEL, as well as possible additional expenses related to carrying out enforcement actions.
During enforcement proceedings, court officers seize the defendant's funds held in Georgian bank accounts, as well as the defendant's property—real estate, vehicles, shares/stocks.
Seizure of property involves its valuation by an independent appraiser and its sale at auction. Auctions are public, and any interested party can participate in them.
The funds collected in favor of the claimant are to be transferred to their bank account opened in a Georgian bank.