In Georgia, just like in other country around the world, being a debtor or a creditor is not out of the ordinary. However, as each state has its own regulations, Georgia
does too and the law which provides for the settlement of debts
is the Contract Law which is comprised by the Civil Code
Below, our lawyers in Georgia
explain the main procedures related to debt collection
in this country. If you need assistance in the debt recovery process in Georgia
, our law firm can advise and assist you.
Debt collection legislation in Georgia
The main law that provides for debt collection in Georgia is the Civil Code which provides for various contractual matters and breaches in agreements. However, another law that contains provisions on debt recovery is the Contract Act.
When interested in taking action against a debtor, it is good to request the assistance of a Georgian lawyer
who can provide tailored assistance in accordance with the provisions of the law. This will not only ensure a law-abiding procedure, but also a fast one.
Debt collection procedures in Georgia
There are two main ways of recovering a debt in Georgia through amicable and court proceedings. In each situation there are various aspects to consider. First of all, it must be established if either the parties involved in the debt collection procedure is a natural or corporate person, as this can either simplify or complicate the process.
It is common practice for the debt recovery procedure
to start amicably, thus saving time with court proceedings. Our law firm in Georgia
can handle out-of-court debt collection
to the benefit of both creditor and debtor.
Amicable debt collection steps in Georgia
No matter if either the debtor or the creditor is a Georgian resident
or not, the amicable procedure to recover an outstanding amount of money should be used first. In this case, the following steps are usually completed:
the establishment of the due amount of money and interest or penalty fees;
gathering of supporting evidence (invoices, contracts, correspondence, confirmation orders);
the first contact with the debtor which can be made by phone, email or conventional mail;
reaching an agreement with the debtor for the payment of the outstanding amount of money.
Generally speaking, the amicable debt recovery
procedure can be completed quite fast as the parties are encouraged to reach a new agreement that favors them both and our lawyers in Georgia
can oversee the entire procedure. We can also verify and send the necessary documents in order to speed up the recovery procedure.
Court proceedings in debt recovery in Georgia
If the amicable procedure fails (this usually occurs when the debtor does not respond to the contact attempts of the creditor), a petition with a Georgian court can be filed. In this case, there are several aspects to consider, among which whether the debtor is a natural person or company. In the latter situation, the court can dispose the liquidation procedure of the Georgian company
which can lead to an automatic recovery of the debt
In the case of natural persons, the nature of the debt will first be determined. According to the Civil Law in Georgia, a petition against a bad payer can be filed no later than 6 years after the debt has arisen in the case of consumer credits. In practice, the procedure is started much sooner than this.
No matter the situation, creditors can request the help of debt collection agencies or lawyers in Georgia. However, when deciding to work with debt collection agencies, the creditor must ensure that these respect the regulations related to the protection of the debtor’s rights.
You can work with our attorneys in Georgia if you need legal representation before a local court if you need to recover a debt.
In the case of companies headquartered in the European Union
(except Denmark) there is the possibility for an expedited debt recovery procedure with Georgian courts
by filing a standard Order for Payment.
Foreign creditors recovering debts in Georgia
Georgia attracts many foreign investors from different parts of Europe and around the world every year, however, not all the time business interests can be pursued, and debts may arise. There is also the situation in which the debt arises in Georgia, while the investor is in his or her home country. In this case, the recovery procedure will be completed in Georgia.
It is possible to try for an amicable debt recovery that will have higher chances of success, however, if this does not work, court proceedings can also be requested with the help of our law firm in Georgia who can handle the procedure on behalf of the foreign party without the need for the latter to travel here until the process is sure to be leading to a good result or a mandatory presence to be requested by the judge.
The steps of debt recovery when a foreign party is involved will follow the next steps:
our lawyers will verify the laws of the country of the foreign claimant and will align with the Georgian laws applicable in such situations;
then, we will contact the Georgian debtor and try to reach a settlement for the quick repayment of the debt;
in case court action is required, we will make sure to file all evidence related to the case;
we will also offer representation in court proceedings for a suitable outcome;
once the judgment is issued, we will start the recovery of the outstanding amount of money.
This situation can also be encountered by Georgian companies
with interests in other countries. In such cases, we can advise on the procedures that can be completed here and we can assist with the recognition and enforcement of the foreign judgment in Georgia.
What should be paid attention when dealing with debt collection with a natural person located in an European Union country is the General Data Protection Regulations (GDPR) which provides for various privacy requirements when using sensitive personal information.
If you need assistance in international debt collection cases, you can request the advice of our attorneys in Georgia.
Commercial debt collection in Georgia
The largest debts are usually registered by companies, case in which the procedures can take longer, but can also imply additional steps, when situations like insolvency are met.
When it is not the case of the debtor to be unable to pay the debts, mediation can be a solution through which the parties can make arrangements and sign contracts with new terms related to the payment of any outstanding amount of money.
Georgia is also home to an International Arbitration Centre
that can handle various disputes, including those related to payment settlements. This is one of the most employed legal pathways through which commercial disagreements can be settled and if you need assistance in understanding how the procedure works, we invite you to discuss with our lawyers.
Debt collection agency vs. law firm in Georgia
When trying to collect a debt, a creditor can use the services of a specialized agency or a lawyer. In the amicable recovery phase, both agents will act the same way by contacting the indebted party and proposing various ways in which the debt can be extinguished. However, if this method does not work, the lawyer will the only solution to resolving such a case, as court action will be required.
When it comes to the fees, a debt collection agency can either chase the debt on behalf of the creditor or purchase it at a lower value by paying a percentage of the outstanding debt the creditor, while the lawyer will have his/her fee while making sure the entire debt is recovered, plus the interest in accordance with the rigors of the law.
Our lawyers in Georgia have an extensive experience in debt recovery cases and can act as mediators between the parties in order for both the creditor and debtor to find the suitable way to settle their differences in the shortest time possible. This will serve both their interests and will save them the time and money spent with long and time-consuming court proceedings.
Assistance in debt collection in Georgia
Our Georgian lawyers
can provide tailored assistance to companies seeking to recover debts from bad payers. We will make sure to respect all the regulations impose by the national laws, and we can also help foreign companies in debt recovery procedures
against Georgian creditors. Should you have any questions related to how to convince a debtor to pay without going through lengthy court proceedings, our lawyers can advise you.
The economy of Georgia
From an economic point of view, Georgia
has evolved a lot in the past few years, as foreign direct investment (FDI) increased. According to recent statistics:
FDI flows reached 1.2 billion USD dollars in 2018;
in the same year, FDIs represented 108% of Georgia’s Gross Domestic Product (GDP);
more than 30% of FDIs are related to the extractive industries in this country;
trade is another important industry attracting FDIs with a 20% inflow in 2018;
in the 2020 World Bank’s Doing Business Report, Georgia ranks 7th in terms of ease of doing business in the world.
If you need support in amicable or court debt collection procedures
, do not hesitate to contact our law firm in Georgia