Issuance of a Writ of Execution - From a Notarized Deed to the Bailiff Without a Day in Court

The legal basis: the notarial deed as an enforceable instrument

The Law on Enforcement Proceedings lists, among the instruments the National Bureau of Enforcement executes, the writ of execution issued by a notary on the basis of a notarial deed containing a money obligation or an obligation to hand over property - a certified loan agreement, an acknowledgment of debt, a mortgage or pledge agreement, a sale with deferred payment, a lease with rent in arrears and, in general, any transaction the notary has certified in which one party owes the other a sum or an asset on a date that has passed. The rationale is that the notary, in certifying the transaction, verified the parties, their capacity and consent and the lawfulness of the obligation, so that the existence of the debt does not need to be proved again before a court; the writ is therefore issued on the deed and proof of default, and the debtor who disputes the debt is the one who must go to court. A deed with merely authenticated signatures, or a private contract, does not qualify: the creditor under those must sue, which is the practical difference between the two forms explained on the certification of transactions page.

Conditions for the writ

The notary issues the writ when four things are shown. First, the obligation is contained in a deed certified by a notary - the same notary who certified it, or their successor in the archive, issues the writ, which is why we keep the deeds of the transactions certified at our office and act quickly for the creditors under them. Second, the obligation is due: the payment date or the event on which payment depends has passed, or the deed's acceleration clause has been triggered by a default in installments, and the creditor shows the calculation of the sum owed with interest and penalties as the deed provides. Third, the obligation is unperformed: the creditor confirms non-payment, and the notary may require evidence that the debtor was notified of the default and given the period the deed or the law provides to cure it. Fourth, the deed has not been amended, terminated or challenged in a way that suspends enforcement, and the claim is within the limitation period. The creditor applies in writing with the original deed, the calculation and the evidence of default; the notary examines them, and issues the writ or refuses with a reasoned resolution that the creditor may appeal.

What the writ states, and what the bailiff does

The writ identifies the deed, the creditor and the debtor, the sum or the asset to be recovered with the interest, penalties and enforcement costs, and orders enforcement; it is entered in the notarial register and handed to the creditor, who presents it to the National Bureau of Enforcement with the enforcement fee. The bailiff notifies the debtor and, absent voluntary payment within the short period the law allows, enforces against the debtor's property: bank accounts are attached, wages and receivables garnished, vehicles and other movables seized and sold, and real estate - including the mortgaged property under a mortgage deed - sold at auction with the proceeds paid to the creditor and the surplus to the debtor. Enforcement against a mortgaged property follows the mortgage's own terms and the law's auction rules, and a creditor may, where the deed and the law allow, take the property in satisfaction. The whole process from writ to first attachment typically takes weeks rather than the year or more of litigation, and the creditor's costs are recovered from the debtor.

The debtor's remedies

A debtor who disputes the writ - because the debt was paid, the sum is miscalculated, the deed was amended, the obligation is not yet due, or the deed itself is invalid - challenges it in court, and may ask the court to suspend enforcement pending the decision; the court examines the dispute on its merits and sets aside, reduces or confirms the writ. The debtor may also complain to the notary and to the Notary Chamber about the notary's act, and to the Bureau about the bailiff's conduct. The system therefore does not deny the debtor a hearing; it reverses the burden, so that the creditor holding a certified deed is paid unless the debtor proves a defense, rather than the creditor having to prove the debt. Creditors should nonetheless keep the deed's obligations clear and the calculations exact, because a writ for a wrongly calculated sum is the commonest ground of successful challenge.

Building enforceability into the deed at the outset

The writ is only as good as the deed, and creditors who plan for enforcement when the deed is certified recover faster. The deed should state the sum, the interest and the penalty precisely and by formula; the payment dates and the acceleration on default; the address for notices and the period to cure; the debtor's consent to enforcement without court, which Georgian practice records expressly; the security - mortgage or pledge - certified in the same act and registered at once; and, for foreign creditors, the currency and the exchange rule. We draft loan, debt and mortgage deeds with these provisions as standard, in bilingual form for foreign lenders and borrowers with the interpreter at the signing, and we keep the deeds so that the writ can be applied for on the day of default. Foreign lenders should also know that enforcement runs against property in Georgia; for a debtor's assets abroad, the writ or the deed must be recognized there, which our language teams advise on.

What to bring, fees and timing

Bring the original certified deed (or its notarial archive reference if we hold it), your identity document or the company's representation documents, a written calculation of the sum owed with interest and penalties as at the application date, and the evidence of the debtor's default and of any notice sent; send these in advance on WhatsApp, Telegram or email and we check the deed's terms and the calculation, prepare the application and the notice to the debtor where the deed requires one, and obtain the writ at Agmashenebeli 117, usually within a few days of a complete application. Fees follow the official tariff for the issuance of a writ; the Bureau's enforcement fee is separate and is recovered from the debtor. We then file the writ with the National Bureau of Enforcement on the creditor's behalf under a power of attorney and follow the enforcement, translating the Bureau's correspondence for foreign creditors.

Frequently asked questions

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