# Removing a seizure on bank accounts and property in Georgia

A seizure on an account or property often appears out of nowhere — because of an old debt, a court decision or a fine. We find out what it is based on and the fastest way to lift it.

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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

- An enforcement officer's action can be appealed to the head of the National Bureau of Enforcement within 15 calendar days.

- If needed — in court.

- 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.

## Our services

- Checking the basis of the seizure and the enforcement case

- Appealing an enforcement officer's action within 15 days

- Releasing protected income and property

- Ending enforcement after the 10-year limit

- Settlement and payment plans with the creditor

- Releasing a third party's property from seizure

## Questions & answers

### My account was seized — how do I find out why?

A seizure is imposed within an enforcement case. We can check the case, the creditor and the amount, and tell you the fastest way to lift it.

### The tax office put an „inkaso“ on my account — what does it mean?

It is a collection order: the Revenue Service takes the amount of a confirmed tax debt from your account. If you disagree with the debt, you can appeal — while the dispute lasts, the obligation to pay is suspended.

### Can my salary be seized too?

By law money can be collected from salary and other income, but income below the subsistence minimum and targeted state assistance are protected from seizure.

### A seizure from an old case is still active — what can I do?

If 10 years have passed since enforcement proceedings for a money claim began, enforcement must end and the seizure be lifted — except in cases set by law, such as alimony.

### How long do I have to appeal an enforcement officer's action?

15 calendar days from the action — to the head of the National Bureau of Enforcement.

## Legal basis

- [Law on Enforcement Proceedings](https://matsne.gov.ge/ka/document/view/18442)

- [Civil Procedure Code of Georgia](https://matsne.gov.ge/ka/document/view/29962)

- [Tax Code of Georgia](https://matsne.gov.ge/ka/document/view/1043717)

Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.

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Source: https://mmlaw.ge/en/removing-seizure-on-account/ · MMLAW · +995 551 00 43 00 · info@mmlaw.ge
