Removing a seizure on bank accounts and property in Georgia

A seizure is usually imposed in enforcement proceedings — to enforce a court decision, a notary's writ or a fine. How to lift it depends on its basis and how long ago enforcement started.

Enforcement ends — and every measure, including the seizure, is cancelled — if, for example, the creditor waives it, the parties settle, the decision is quashed, or 10 years have passed since enforcement proceedings for a money claim began (5 years for fines). By law the 10-year rule does not apply to, for example, alimony, employment claims, damage caused by a crime, or cases in favour of the state budget.

What cannot be seized

• Targeted state assistance
• Income below the subsistence minimum
• Personal and household items needed for daily life and professional work
• Property of a member of a family registered as socially vulnerable — within the limit set by law

Disputes over whether property or income is protected from seizure are decided by a court.

How we challenge it

1. An enforcement officer's action can be appealed to the head of the National Bureau of Enforcement within 15 calendar days.
2. If needed — in court.
3. At the same time — negotiating with the creditor: a payment plan or settlement, which ends enforcement.

Tax collection orders („inkaso“)

If the Revenue Service is taking money from your account, it is usually a collection order. Under Article 243 of the Tax Code, it is sent to the bank for a confirmed tax debt — tax, interest and fines; it does not apply to term deposit accounts. The decision is sent to the person electronically.

If you disagree with the debt and appeal, the obligation to pay is suspended while the dispute lasts (Article 254). A freeze can be lifted with a bank guarantee, a surety or a mortgage, and if the dispute ends in your favour, every measure is cancelled.