I. Introduction
Securing a claim in Georgia is one of the most important forms of interim judicial protection available in civil proceedings. Its purpose is to prevent a situation in which a claimant ultimately wins the case but enforcement of the judgment has become impossible or substantially more difficult by the time the proceedings are completed.
Interim measures are particularly relevant in property, contractual, corporate, real estate, and other commercial disputes where there is a genuine risk that assets may be sold, transferred, concealed, encumbered, depleted, or otherwise placed beyond effective enforcement.
At the same time, securing a claim in Georgia may significantly restrict the defendant’s property rights, business activity, access to funds, or ability to dispose of assets. Georgian courts must therefore balance two competing interests: preserving the practical effectiveness of a possible judgment in favour of the claimant while avoiding a restriction on the defendant that is broader than reasonably necessary.
Article 191 of the Civil Procedure Code of Georgia sets out the principal conditions for interim relief. The applicant must identify circumstances showing that failure to grant the requested measure may make enforcement of the future judgment difficult or impossible, impede effective protection of the disputed right, or cause direct and irreparable harm or damage that cannot later be adequately compensated.
The applicant must also explain why the particular interim measure requested is necessary.
For a broader overview of civil and commercial court proceedings, dispute strategy and representation before Georgian courts, see our Litigation in Georgia practice page.
II. What Does Securing a Claim in Georgia Mean?
Securing a claim in Georgia is a temporary procedural mechanism used before the court has finally determined whether the claimant is legally entitled to the relief sought.
An interim measure does not mean that the court has already decided the dispute or found the defendant liable. At this stage, the court examines whether there is a sufficient procedural basis for temporary protection pending the final judgment.
Under Georgian civil procedure, interim relief proceeds on the assumption that the claim may potentially succeed. However, conclusions reached at this stage do not predetermine the final decision on the merits or admissibility of the underlying claim.
For example, suppose a claimant seeks payment of GEL 100,000 and there is credible evidence that the defendant is attempting to sell the only substantial property available for enforcement. Securing a claim in Georgia may involve restricting disposal of that property so that a favourable judgment does not later become practically unenforceable.
In another case, the dispute may concern a particular property, corporate share, ownership right, or right of use. The purpose of interim relief may then be to preserve the existing legal or factual position until the dispute is finally resolved.
The Supreme Court of Georgia has repeatedly emphasized that interim measures serve the effective enforcement of future judicial decisions. The effectiveness of judicial protection depends not only on obtaining a judgment but also on the real possibility of enforcing it.
The interim-measures strategy should therefore be considered together with the underlying litigation strategy. For the procedural steps required to commence the principal case, see Filing a Lawsuit in Georgia – Procedure, Deadlines and Court Fees.
III. When Can Interim Measures Be Requested?
Securing a claim in Georgia is not automatic merely because a civil lawsuit has been filed.
The claimant must demonstrate a specific need for interim protection.
Article 191 of the Civil Procedure Code identifies several grounds. Without interim measures:
- enforcement of a future judgment may become difficult or impossible;
- exercise or protection of the disputed right may become substantially more difficult; or
- the claimant may suffer direct and irreparable harm, or damage that cannot later be adequately compensated.
One of the most important practical requirements is that the alleged risk should be specific and credible.
A general statement such as “the defendant may sell the property” may not be sufficient. The claimant should, where possible, identify facts indicating an actual risk—for example, an ongoing sale process, negotiations with third parties, a rapid reduction in assets, creation of new encumbrances, deterioration of the defendant’s financial position, or other concrete conduct.
This principle is illustrated by the Supreme Court of Georgia in Case No. ას-116-2023. The Court stressed that an applicant must credibly substantiate the need for interim protection. The fact that a claim concerns a large amount of money or valuable property does not, by itself, establish sufficient grounds for an interim measure.
Accordingly, securing a claim in Georgia is most effective when the application is based on identifiable facts rather than hypothetical risk.
The factual basis of the request should also be supported by appropriate material. The broader rules concerning relevance, admissibility and proof are discussed in Evidence in Civil Proceedings in Georgia – Types, Admissibility, Submission and Production.
IV. How Should an Application for Interim Measures Be Prepared?
An application for securing a claim in Georgia should establish a logical connection among three elements:
the risk → the underlying claim → the requested interim measure.
First, the applicant should explain the factual risk.
Second, the application should show how that risk relates to the substantive claim.
Third, the applicant should explain why the particular interim measure requested is both necessary and proportionate.
For example, where a claimant seeks recovery of GEL 50,000 and requests attachment of the defendant’s real property, the application should explain why there is a genuine risk that enforcement may otherwise be frustrated and why restriction of that particular property is an appropriate response.
Where an application seeks attachment of immovable property, the source article notes that the claimant should provide a Public Registry extract or another appropriate document showing that the property belongs to the defendant.
If required supporting documentation or the relevant court fee is missing, the court may provide a period for correcting the deficiency.
An interim-measures application should not merely repeat the statement of claim. The underlying lawsuit explains why the claimant believes substantive relief should be granted. An application for securing a claim in Georgia must additionally explain why waiting for the final judgment without temporary protection creates an unacceptable procedural risk.
For the requirements governing the principal pleading itself, see Statement of Claim in Georgia – Form, Content and Filing Requirements.
Procedural requests concerning evidence, experts, additional time or other issues may also arise in connection with interim protection. The general rules are explained in Court Motions in Georgia – Types, Form and Filing Procedure.
V. Can a Claim Be Secured Before the Lawsuit Is Filed?
Yes. In urgent circumstances, securing a claim in Georgia may be requested even before the main lawsuit is filed.
Article 192 of the Civil Procedure Code allows an application for interim relief to be submitted before commencement of the principal proceedings where the situation is urgent.
This can be important where delay itself could defeat the purpose of judicial protection.
For example, the claimant may have credible information that the opposing party intends to transfer disputed property within a short period. Preparing the full statement of claim may require additional time, while the transfer could take place immediately.
Pre-action interim relief is therefore available as an emergency mechanism.
However, it carries a strict subsequent obligation.
If the court grants the application, the claimant must file the principal lawsuit within 10 days from the date of the court ruling.
If the claim is not filed within this period, the court cancels the interim measure either on its own initiative or upon application of the opposing party.
Therefore, pre-action securing a claim in Georgia should be used for genuine urgency rather than as a substitute for timely preparation of the main proceedings.
VI. How Quickly Does the Court Decide the Application?
Speed is one of the defining features of interim relief.
Under Article 193 of the Civil Procedure Code, an application for securing a claim in Georgia is decided within one day after filing.
As a general rule, the application is considered without prior notification of the defendant.
This approach reflects the purpose of interim relief. If a defendant is warned in advance that attachment or another restriction is being sought, the defendant may have an opportunity to transfer assets, alter the legal position, or otherwise realize the very risk that the application is intended to prevent.
An order granting interim relief is also enforceable immediately under the rules applicable to enforcement of judicial decisions.
The mechanism therefore combines:
rapid consideration → immediate enforcement → subsequent right of challenge.
VII. What Types of Interim Measures Are Available?
Article 198 of the Civil Procedure Code provides several principal types of interim measures.
One of the most common is attachment of property, securities, or funds belonging to the defendant.
Other measures may include:
- prohibition on the defendant performing particular actions;
- placing property under sequestration with an enforcement officer;
- prohibiting third parties from transferring property to the defendant or performing obligations in the defendant’s favour; and
- other measures permitted by law and appropriate to the dispute.
The court is not necessarily limited to a rigid list of remedies. Where required by the nature of the dispute, other appropriate measures may be imposed, and several measures may be used together where justified.
However, securing a claim in Georgia requires a close relationship between the requested measure and the actual claim.
For example, where the claim seeks only payment of a limited monetary debt, effectively paralysing the defendant’s entire business may be excessive.
Where the dispute concerns a specific parcel of real estate, a temporary prohibition on its disposal may be much more closely connected to the object of the proceedings.
Interim relief is therefore intended to be effective, not punitive.
VIII. Proportionality of Interim Measures
One of the central principles governing securing a claim in Georgia is proportionality.
Supreme Court case law emphasizes that the legitimate interests of both parties should be taken into account. Protecting the claimant should not automatically result in disproportionate interference with the defendant’s rights.
The measure should operate only to the extent necessary to protect the legitimate purpose of interim relief.
In Case No. ას-116-2023, the Supreme Court addressed not only the requirement to demonstrate a real risk but also the scale of the restriction sought.
Where extensive restrictions over real estate are requested, the relationship between the value of the property and the value of the underlying claim becomes particularly important.
Article 196¹ of the Civil Procedure Code also provides, subject to statutory exceptions, that the value of attached property should not substantially exceed the value of the claim.
Accordingly, securing a GEL 20,000 claim through a comprehensive restriction on an asset worth several million GEL would ordinarily require particularly strong justification.
Securing a claim in Georgia should therefore be connected to the purpose of the proceedings, necessary to achieve that purpose, and proportionate in scope.
IX. Can Bank Accounts Be Frozen?
Freezing money held in bank accounts can be one of the most restrictive forms of securing a claim in Georgia.
Such a measure may directly affect day-to-day financial operations and, in the case of a company, its ability to continue ordinary business activity.
In its decision of 25 June 2026, Case No. ას-477-2026, the Supreme Court explained that attachment of bank accounts may affect the defendant more severely than certain other property restrictions.
The Court indicated that less restrictive alternatives should first be considered where they are capable of providing adequate protection.
Restrictions on bank accounts are particularly justified where the defendant does not have other appropriate assets or where other measures would not sufficiently protect the future enforceability of the judgment.
In that case, the Court considered a restriction on disposal of a vehicle sufficient and did not extend interim protection in the requested form to bank accounts.
This illustrates why securing a claim in Georgia through asset freezing should be tailored carefully to the actual enforcement risk.
X. Can One Interim Measure Be Replaced with Another?
Yes.
Circumstances may change during the proceedings, and an interim measure does not necessarily remain fixed for the entire duration of the case.
Under Article 196 of the Civil Procedure Code, the court may replace one form of interim measure with another upon application by a party.
This may occur at any stage of the proceedings.
The issue is generally considered without an oral hearing, although the court may hold a hearing where appropriate.
For monetary claims, the defendant may also have the option of depositing the amount claimed into the court’s deposit account instead of remaining subject to another interim restriction.
This again reflects the basic purpose of securing a claim in Georgia: preserving effective judicial protection rather than punishing the defendant.
Where the same protective objective can be achieved through a less burdensome method, substitution may be appropriate.
XI. When Are Interim Measures Cancelled?
Securing a claim in Georgia is temporary and remains linked to the procedural basis that justified the measure.
Where interim protection was granted before filing the main lawsuit and the claimant fails to commence proceedings within the required 10-day period, the court cancels the measure.
Article 199¹ also provides for cancellation of interim measures in circumstances including:
- refusal to accept the claim;
- dismissal of the substantive claim;
- leaving the claim without consideration;
- termination of proceedings; and
- settlement, unless the parties agree otherwise.
Interim protection is therefore not an independent substantive right.
It exists in connection with the underlying civil proceedings and generally follows the procedural fate of that dispute.
The consequences are particularly important where a claim is left without consideration. The grounds, possibility of refiling, limitation risks and effect on interim protection are discussed in Dismissal of a Claim in Georgia – Grounds, Consequences and Refiling.
XII. How Can an Interim Measures Order Be Appealed?
Special, short appeal periods apply to decisions concerning securing a claim in Georgia.
Where the court grants an interim measure, the defendant may challenge the relevant ruling.
The challenge should identify the ruling, specify which part should be cancelled or amended, and explain the factual and legal basis for the request.
The applicable appeal period is five days, starting from service of the ruling on the defendant.
The period cannot be extended.
Importantly, filing a challenge against an order granting interim relief does not generally suspend enforcement of the measure automatically.
The court may, where legally justified, temporarily suspend enforcement or cancel the interim measure, but the filing of the complaint alone does not necessarily produce that effect.
A five-day period also applies to challenges concerning refusal to grant interim relief, cancellation of a measure, substitution of one measure for another, replacement of the property subject to the measure, and other related rulings specified by law.
There is an important distinction: where the court cancels an interim measure or substitutes one form for another, a challenge against that ruling may suspend enforcement of the cancellation or substitution.
Accordingly, securing a claim in Georgia requires particularly close monitoring of procedural deadlines.
These rules concern challenges to procedural rulings and should be distinguished from the ordinary appellate review of a first-instance judgment. For that broader system, see Appealing a Court Decision in Georgia – Procedure and Deadlines.
For the form and 14-day deadline applicable to an ordinary appellate submission, see Appeal in Georgia – Form, Deadline and Filing Procedure.
XIII. Can the Court Require Security for Possible Losses to the Defendant?
Yes.
Georgian procedural law contains a mechanism designed to protect the defendant against losses potentially caused by interim measures.
Where the court considers that securing a claim in Georgia may cause damage to the defendant, it may require the claimant to provide security for possible compensation.
The issue may also be raised upon application of the opposing party.
The court determines the period for providing the required guarantee, which should not exceed 30 days.
If the claimant fails to provide the required security within the period fixed by the court, the interim measure is cancelled immediately.
A ruling on such cancellation is subject to the applicable five-day appeal period.
This mechanism illustrates the balancing function of interim relief: the claimant receives protection against enforcement risk, but may also be required to address the financial risk created for the defendant.
XIV. Can the Defendant Claim Damages Caused by Interim Measures?
Yes. Securing a claim in Georgia may create potential liability for the claimant in certain circumstances.
Under Article 199 of the Civil Procedure Code, where an interim measure ultimately proves unjustified because the claim is rejected and the judgment becomes final, or where the measure is cancelled on another relevant statutory ground, the party that benefited from the interim measure may be required to compensate the opposing party for damage caused by it.
For example, attachment of bank accounts, property, or business assets may cause measurable financial losses.
However, the existence of the interim measure alone is not sufficient to establish damages.
The party seeking compensation must establish the relevant factual and legal elements, including a causal relationship between the interim restriction and the loss claimed.
For this reason, securing a claim in Georgia should not be used primarily as leverage against the opposing party or as a means of obtaining a negotiating advantage.
Its purpose is procedural protection against a real risk.
XV. What Does the Supreme Court Say About Interim Measures?
Several important principles emerge from the case law of the Supreme Court of Georgia.
First, the applicant should demonstrate a specific and credible risk.
In Case No. ას-116-2023, the Supreme Court rejected purely abstract assumptions that the defendant might eventually transfer or conceal property. The need for interim protection should be supported by circumstances capable of making the risk reasonably plausible.
Second, the requested measure should correspond to the underlying claim.
In Case No. ას-449-431-2016, the Supreme Court emphasized the need to assess whether the selected interim measure corresponds to the claim it is intended to protect.
Third, the measure must be proportionate.
In Case No. ას-477-2026, the Court stressed the need to preserve effective enforcement while avoiding unnecessary interference with the opposing party’s rights.
Taken together, these principles show that securing a claim in Georgia is not a mechanical procedure.
The court considers:
the reality of the risk → the relationship to the claim → necessity of the measure → proportionality of the restriction.
XVI. Do the Same Rules Apply in Administrative Litigation?
The mechanism described in this article concerns interim protection in ordinary civil proceedings.
Administrative litigation has its own procedural framework. In particular, acceptance of a claim challenging an individual administrative act may, subject to statutory exceptions, suspend the operation of that act, and additional forms of temporary protection may be available under the Administrative Procedure Code.
The appropriate mechanism therefore depends on whether the underlying dispute is civil or administrative.
For the types of administrative claims, deadlines, admissibility requirements and rules concerning suspension of contested administrative acts, see Administrative Claim in Georgia – Types, Form, Deadlines and Admissibility.
XVII. Key Issues When Preparing an Application
A strong application for securing a claim in Georgia should present a coherent logical chain.
There is a specific substantive claim.
There is an identifiable factual risk.
That risk may frustrate enforcement of the future judgment or effective protection of the disputed right.
The interim measure requested directly addresses that risk.
The restriction does not burden the defendant more than reasonably necessary.
For example, where the claim is worth GEL 30,000 and the claimant seeks attachment of a particular asset, the application should ideally provide information about both ownership and approximate value of that asset and explain why it is an appropriate object of interim protection.
If bank accounts are to be restricted, the application should explain particularly carefully why less intrusive measures would not provide adequate protection.
Where the risk concerns anticipated disposal of property, the claimant should explain the facts giving rise to that expectation.
A successful application for securing a claim in Georgia should therefore be built on facts, evidence, necessity, and proportionality rather than standard formulaic language.
XVIII. Legal Assistance with Securing a Claim in Georgia
TB Legal is a Georgian law firm assisting individuals and companies with civil and commercial disputes, preparation of claims, applications for interim measures, and representation before Georgian courts.
Securing a claim in Georgia often requires rapid legal assessment, especially where there is an immediate risk of transfer of property, depletion of assets, creation of new encumbrances, or alteration of the existing legal position.
Legal assistance may include assessment of enforcement risk, selection of the appropriate interim measure, preparation of the application, analysis of ownership and other supporting documentation, and representation in proceedings concerning granting, modification, substitution, cancellation, or appeal of interim measures.
For foreign individuals and international companies, securing a claim in Georgia may also involve coordination of foreign corporate documents, powers of attorney, translations, Public Registry information, banking information, and local court procedure.
Where an interim measure has already been imposed against a defendant, prompt assessment is equally important because the relevant challenge period may be only five days.
Our broader dispute-resolution and court-representation services are described on the Litigation in Georgia page.
If you need assistance with securing a claim in Georgia, challenging an interim measure, seeking its replacement or cancellation, or assessing possible liability arising from interim restrictions, you can contact TB Legal to discuss the appropriate procedural strategy.
