What is Summary Proceedings?
The services offered by the National Bureau of Enforcement include Summary Proceedings that facilitate the resolution of disputes concerning monetary obligations without the need for protracted court proceedings. This process is designed to expedite and simplify dispute resolution, saving both time and financial resources for the parties involved.
The summary procedure permits applicants to request the payment of money to third parties without going to court. It is essential to emphasize that under this simplified process, individuals can solely request the payment of a specific amount and cannot compel the fulfillment of a reciprocal obligation from the debtor.
To initiate the enforcement process through the bureau, you must file an application and provide documentation verifying the existence of the debt.
Once the bureau has assessed the compliance of the submitted documentation, it will proceed to review your application. Additionally, the debtor will be informed about the obligation to settle the debt within the confines of the simplified procedure, along with an explanation of the legal ramifications should they fail to fulfill their obligations.
Upon receiving the notification regarding debt repayment, the debtor has a period of 10 days during which they are entitled to take the following actions:
- Settle the entire outstanding debt with the creditor.
- Satisfy only a portion of the debt that they acknowledge as valid.
- Lodge a formal objection against the creditor's claim if they dispute it.
- Provide a written agreement or disagreement with the creditor's request.
- Submit an application for debt settlement if they wish to negotiate payment terms and deadlines with the applicant.
In the context of the last option, the law allows the parties, exercising their contractual freedom, to renegotiate the amount and repayment schedule. Should the debtor fail to adhere to the terms of the negotiated settlement, the enforcement bureau has the authority to issue a binding order for payment of the monetary obligation based on the creditor's application.
The fees associated with the simplified proceedings are as follows:
- The fee for submitting an application to the National Enforcement Bureau is a fixed amount of 200 (two hundred) GEL per legal claim.
- In cases of joint liability, where the request is submitted by multiple applicants and/or directed against multiple debtors, the application fee remains 200 (two hundred) GEL for each individual applicant.
- Should the applicant opt to request the execution of the order at any stage, either after the issuance of a payment order or due to the debtor's failure to meet settlement terms, the applicant is required to pay a service guarantee amount of 2% of the request. This amount will be refunded to the applicant upon the successful completion of the execution.
- Additionally, alongside the execution of the payment order, the applicant has the option to request the use of a provisional measure on the debtor's property, with a fee of 100 (one hundred) GEL for each property subjected to this measure.