An enforceable instrument and the other formal requirements prescribed by law are needed. The first step is to check whether the particular document can be presented directly for enforcement.
Enforcement · assets · debt
Enforcement Proceedings in Georgia
Obtaining a judgment and collecting under it are two different stages. We assist creditors and debtors with enforcement measures, attachments, payment arrangements, challenges and the procedural issues that arise once a case reaches enforcement.
Enforcement document
Checking the status of the judgment or other enforceable instrument and the formal requirements for enforcement.
Attachment and realisation
Assessment of legal grounds and proportionality of measures affecting property, accounts and other assets.
Settlement and protection
Negotiation, challenges and protection of a party’s interests in relation to specific enforcement actions.
What we do at the enforcement stage
- Legal assessment before enforcement starts
- Review of the enforceable instrument and the amount claimed
- Measures affecting property and bank accounts
- Legal support concerning attachment and realisation of assets
- Protection of the creditor’s interests
- Protection of the debtor’s rights and proportionality issues
- Settlement and payment-schedule arrangements
- Assessment of challenges to enforcement actions
Creditor strategy
For a creditor, opening the enforcement file is only the beginning. It is important to monitor whether the claim is stated correctly, what assets may be relevant, whether other creditors are involved and which measures are likely to produce a result. Negotiation on voluntary payment can continue in parallel where useful.
Debtor rights
Enforcement does not remove the debtor’s legal protections. Depending on the case, issues may arise regarding the amount claimed, ownership of property, proportionality of a measure or legality of a particular enforcement action. Any challenge should be based on documents and legal grounds, not merely on financial difficulty.
Settlement can remain possible
A creditor and debtor may agree a payment schedule or another performance structure at different stages of the process. We draft the terms so that the debt amount, dates, consequences of default and status of the enforcement proceedings are clear and enforceable.
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Practical Answers
Questions about enforcement proceedings
What is required to start enforcement proceedings?
Can an enforcement action be challenged?
Depending on the specific action and circumstances, a challenge mechanism may be available. The deadline, competent body and legal grounds must be identified precisely.
Does attachment automatically mean that property will be sold?
No. Attachment and realisation are connected but distinct stages. What follows depends on the type of enforcement, the asset, the amount claimed and subsequent procedural steps.
Can the parties agree a payment schedule?
Yes, if both sides agree. The schedule should clearly state amounts, dates, consequences of default and how the enforcement file will be treated.
Can a lawyer handle the enforcement process without the client being personally present?
A substantial part of the process can often be managed through a representative. The required form of power of attorney depends on the actions to be taken and the client’s location.
Is your matter already at the enforcement stage?
Send the judgment or other enforceable instrument and the enforcement materials you have. We will identify where the problem has arisen and which action is likely to be practically effective.
Assess the enforcement matter