How to recover money and property

A judgment does not produce money by itself. The creditor needs an enforcement document, oversight of the Bureau of Compulsory Enforcement, a quick search for accounts and property and, if the company is empty, a shift to receivables, a guarantor, a director or insolvency proceedings. The debtor needs to understand the account attachment, payment priority and the cost of delay.

In brief:

• Proceedings are commenced within one business day (Article 23 of the Enforcement Law), and the voluntary compliance period cannot exceed 15 days.
• If the creditor knows the account, the enforcement document may be sent directly to the bank (Article 4 of the Enforcement Law).
• If cash is insufficient, enforcement moves from money to receivables, property rights and property; certain assets are sold through E-AUKSION.
• After the voluntary period, the monetary enforcement fee is generally 5% or 2% of the amount, depending on the 440.000.000 threshold.
• A creditor needs more than one request to “find property”: accounts, debtors, registers, auctions and alternative obligors must be pursued in sequence.

Updated: 05 September 2026

How to begin effective enforcement after judgment

The working phase starts with a properly submitted enforcement document and specific applications from the creditor. The law permits enforcement against money and things, property held by third parties, receivables, certain property rights, salary and other income. This is a list of measures (Article 46 of the Enforcement Law), not an automatic sequence for every case.

A writ of execution issued on the basis of a judicial act can generally be presented within three years (Article 27 of the Enforcement Law). Once the document is received, the state enforcement officer issues a decision to commence proceedings. It specifies a voluntary compliance period of up to 15 days, after which compulsory measures begin and the enforcement fee and expenses are added.

Compulsory actions have a target period of up to two months (Article 30 of the Enforcement Law) after the voluntary period ends. Deferral, payment by instalments, suspension, specialist valuation and the period required to sell property are excluded from that time. Expiry of two months neither extinguishes the debt nor closes the proceedings.

The creditor and debtor may inspect the file, receive copies, submit documents and applications, participate in enforcement actions, give explanations and challenge the enforcement officer. These procedural rights (Article 11 of the Enforcement Law) allow the parties to check decisions, requests, bank and registry responses, attachment records, the valuation report and auction documents instead of relying on promises.

Practical oversight can be organised by stage:

This article starts after an enforcement document has already been obtained. The article on filing an economic claim explains how to prepare evidence, choose the procedure and obtain a writ of execution. That step comes before referring the matter to a state enforcement officer.

How accounts are attached and collection orders work

Money is the first target of enforcement. If the creditor knows the debtor’s bank and account, the creditor may submit a monetary enforcement document there without waiting for separate proceedings at the Bureau. No later than the next business day, the bank must debit the available amount or record full or partial non-enforcement because the funds are insufficient.

The mechanism is broader through the Bureau: the state enforcement officer may obtain information, attach money and valuables and issue collection orders (Article 84 of the Enforcement Law) against accounts of the debtor and its debtors. If the account is unknown, the bank identifies an account eligible for attachment upon request and reports it no later than the next business day.

If the money is insufficient, the enforcement officer attaches the debit side of the accounts until the debt is paid in full. The bank must execute the decision immediately (Article 47 of the Enforcement Law) and report the account details and amount attached. The blocked amount must cover the enforcement document, enforcement fee, officer’s fines and documented expenses, not an arbitrary excess.

An ordinary individual retains 680.000 in their accounts. This protection does not apply to the individual’s accounts as an individual entrepreneur or to the collection of child support. If funds come from payments that are exempt from enforcement, the debtor should immediately provide the bank and enforcement officer with documents confirming the source.

Cash in a company’s cash desk may be seized, and funds in its bank accounts may be attached. The seized amount is remitted to the creditor while the fee and expenses are credited separately. This company procedure (Article 58 of the Enforcement Law) means that neither the cash desk nor a second account is an “invisible” asset.

If the debt is denominated in soums but money is found in foreign currency, the enforcement officer instructs the bank to sell enough currency to cover the debt, fee, fines and expenses. This is not a full conversion (Article 48 of the Enforcement Law) where a smaller amount is sufficient for enforcement.

The bank must execute the document, and a breach creates a separate liability risk. The economic court may fine the bank up to 50% (Article 81 of the Enforcement Law) of the amount. The creditor should therefore record in writing the submission date, incoming reference number and the bank’s response.

How a debtor operates with an attached account and pending-payment file

An account attachment and a pending-payment file are not the same. An attachment restricts debit transactions within the limits of the enforcement officer’s decision. In practice, “File No. 2” means the queue of unexecuted payment documents created when funds are insufficient; the legal order of priority is set by the Civil Code.

If there is enough money for every document, the bank applies calendar order. If the funds are insufficient, three debit priorities apply (Article 784 of the Civil Code):

Urgent production needs are paid outside calendar order in the amount prescribed by law. This does not mean that a director may freely select any payment: the bank checks its purpose, documents, permitted amount and current restrictions.

The enforcement fee follows the priority of the principal claim. For a non-property enforcement document and where unsold property is transferred to the creditor, it ranks in the first priority; this rule expressly applies to account debits (clause 5 of the Enforcement Fee Regulation).

Operating a company with an attached account turns on three actions: obtain the decision and bank statement, reconcile the attached amount against the remaining debt and document the legal status of each type of receipt. An application for payment by instalments does not itself lift the attachment. On a deferral, the attachment is lifted only where the deferral decision expressly says so.

How to find property and receivables

An asset search is more effective when the creditor identifies verifiable sources: vehicles, cadastral property, equity interests, equipment, goods, cash, leased premises, trademarks, debtors and other enforcement proceedings in which the debtor is itself the creditor. Internal affairs and cadastral authorities provide vehicle and real-estate information within three days (Article 21 of the Enforcement Law), while banks search for accounts within their information systems.

For an ordinary monetary debt, a formal search for the debtor or its assets may require the creditor’s consent to advance the expenses. Documented expenses may then be recovered from the debtor. A refusal to conduct a search and the calculation of its expenses may be challenged (Article 42 of the Enforcement Law).

A right may be an asset. Enforcement may be directed against a long-term lease of real estate, a right to a land plot, exclusive rights and a licensee’s right to use the result of intellectual activity. The law lists these property rights separately (Article 48-4 of the Enforcement Law).

Receivables are often the fastest asset of an operating but “empty” company. The enforcement officer may issue a collection order against the debtor’s customer, limited to what that customer owes the judgment debtor. A debt from supplies, work, services or lease requires a reconciliation statement not more than three months old. If the customer refuses without grounds to sign it, the debtor may provide a unilateral statement and the underlying documents. The customer must respond to the notice within three days (Article 48-5 of the Enforcement Law).

The creditor should divide an application into three columns: the asset, evidence that it belongs to the debtor and the requested enforcement action. For example: “vehicle — registration data — inquiry and ban on re-registration”; “customer debt — contract, invoice and reconciliation statement — notice and collection order”; “goods at a third-party warehouse — delivery notes — inspection and attachment of property held by a third party”.

How property is attached, valued and sold

Where cash is insufficient, enforcement moves to the company’s other property regardless of where it is or who actually uses it. Such property is attached (Article 59 of the Enforcement Law) if it belongs to the debtor and has not been withdrawn from or restricted in circulation.

Attachment includes an inventory, a prohibition on disposal and, where necessary, restricted use, seizure or delivery into custody. Ordinary seizure for sale takes place no earlier than three days (Article 53 of the Enforcement Law), although money, currency, securities and valuables must be seized when inventoried.

Property is valued at market value. Without a valuation company, the enforcement officer may set an agreed price for an individual movable item other than a vehicle worth up to 8.800.000, provided that the aggregate value of such items does not exceed 44.000.000. The valuation result is sent to the parties within three business days (Article 54 of the Enforcement Law); it may be challenged in court within 10 days after notice.

Not all property of an individual is subject to enforcement. The only dwelling in which the debtor or family members permanently live is generally protected, but not where the enforcement document specifically directs enforcement against that dwelling or it is mortgaged. A court may also permit enforcement against a severable part while leaving the family enough for ordinary life. The law also protects essential household items (Article 52 of the Enforcement Law).

Payments connected with injury to health or the death of a breadwinner, childbirth, child support, pregnancy and delivery, burial, childcare, a business trip, transfer to another job and severance are separately protected. An individual needs the list of protected payments (Article 69 of the Enforcement Law) to prove the source: a bank sees the receipt, but the debtor can usually provide documents showing its nature more quickly.

Salary becomes a source of enforcement for periodic payments, a small claim or where property is absent or insufficient. The employer remits the deduction to the creditor within three days (Article 64 of the Enforcement Law) after paying salary. The ordinary limit is no more than 50% (Article 66 of the Enforcement Law) of the after-tax amount; for child-support arrears and corrective labour, the limit reaches 70%.

Example. An employee receives 10,000,000 soums after tax. For an ordinary monetary debt, the maximum monthly deduction is 10,000,000 × 50% = 5,000,000 soums, leaving the employee at least 5,000,000 soums. The actual deduction may be lower if the remaining debt is below that limit.

What happens at electronic auctions

Attached property must generally be realised within two months (Article 56 of the Enforcement Law). Vehicles, real estate, land rights, incomplete construction, long-term real-estate lease rights and certain intellectual rights are sold through the authorised electronic online-auction operator. Other things may also be sold on a contractual commission basis.

Notice of an electronic auction is published at least 30 days in advance (clause 1 of Presidential Resolution No. PP-3149 of 27 July 2017). The first auction moves upward from the appraised value, and a repeat auction moves downward. Participation requires an electronic application and deposit. The enforcement officer may not separately mark down property that failed to sell at electronic auction.

If ordinary property is not sold at the repeat auction, the enforcement officer offers it to the creditor at 10% below its appraised value. For property securing the debt under enforcement, the offer is calculated at 25% below the opening price of the repeat sale. The creditor must respond within 10 business days. If the property is worth more than the debt, the difference is paid into the Bureau’s deposit account.

Example. Unsecured equipment is valued at 100,000,000 soums and does not sell at the repeat auction. The offer to the creditor will be 100,000,000 − 10% = 90,000,000 soums. If the remaining debt is 75,000,000 soums, the creditor pays the difference of 15,000,000 soums to receive the equipment. For secured property, the calculation starts from the opening price at the repeat auction rather than the original valuation: if the base is 100,000,000 soums, the offer is 75,000,000 soums.

A refusal is not always neutral. If the creditor does not accept unsold property and the debtor has no other assets, the enforcement document may be returned. Before responding, the creditor should therefore assess liquidity, restrictions and the costs of registration, storage and later sale in addition to the headline discount.

How money is distributed and the enforcement fee calculated

The amount collected is not transferred in full to a single creditor. The officer’s fines and documented expenses are paid first. The balance goes to the creditor and the enforcement fee in proportion to what was actually collected, and any surplus is returned to the debtor. This distribution procedure (Article 78 of the Enforcement Law) also applies to sale proceeds.

Expenses include transport, storage and sale of property, specialists and interpreters, money transfers, searches and other necessary actions. They must all be supported by documents (Article 75 of the Enforcement Law). A creditor may advance a necessary action, but that does not turn an undocumented expense into the debtor’s debt.

Multiple proceedings against one debtor are consolidated into combined proceedings (Article 25-1 of the Enforcement Law). If funds are insufficient, each later priority receives money only after the preceding priority, while funds within one priority are divided proportionately to claims (Article 79 of the Enforcement Law).

These are the six priorities (Article 80 of the Enforcement Law). An ordinary unsecured contractual creditor does not rank equally with the budget or employees: it is paid only after earlier priorities.

The enforcement fee is charged for compulsory actions (Article 77-1 of the Enforcement Law) and does not require separate proceedings. For a monetary document, the rate is 5% where the amount does not exceed 440.000.000, and 2% above that threshold. For a non-property document, the fee is 2.200.000 for an individual and 4.400.000 for a company.

Example. On collection of 100,000,000 soums, the 440.000.000 threshold is not exceeded, so the fee is 100,000,000 × 5% = 5,000,000 soums. On collection of 600,000,000 soums, the threshold is exceeded, so the fee is 600,000,000 × 2% = 12,000,000 soums. The fee is added to the principal debt but, for a monetary document, is actually collected in proportion to the amount recovered.

The fee decision is issued on the day after the voluntary period expires. The fee is not collected from budget-funded organisations, for periodic payments, when property is transferred to state revenue or from property or payments exempt from enforcement. A refund is available if the principal act is revoked or amended, or the fee was paid in error or in excess. The application must be filed within three years (clause 16 of the Enforcement Fee Regulation).

When recovery can reach a director or guarantor

A company’s debt cannot automatically be reassigned to its director. The company is liable with its own property, while a participant, director or other manager is generally not liable for its debt (Article 48 of the Civil Code). A personal guarantee, special liability for the relevant legal form or proven grounds for subsidiary liability are required.

If the director signed a personal guarantee, the contract defines their position. As a general rule, the guarantor and debtor are liable jointly and to the same extent (Article 293 of the Civil Code), including interest, court costs and losses caused by the breach, unless the contract establishes subsidiary liability.

The law permits recourse against property of owners or participants of a legal entity only under a judicial act and subject to special conditions. For a private enterprise, institution, farm or dehkan enterprise, production cooperative and certain partnerships, the method of enforcement changes (Article 48-3 of the Enforcement Law). This rule cannot be extended to a participant in an ordinary limited liability company without checking the applicable legal basis.

A director must file for insolvency where payment to one creditor makes it impossible to pay others, enforcement paralyses operations or creates a risk that other creditors will not be paid. The deadline is no later than one month (Article 9 of the Insolvency Law) after the circumstances arise. For failure to file, the director, liquidator or liquidation committee members bear subsidiary liability (Article 10 of the Insolvency Law) for obligations arising after that deadline was missed.

A broader route applies if insolvency was caused by unlawful acts of a controlling person: removing assets, harmful transactions, joint actions by beneficiaries and affiliated persons, or other proven conduct. Liability usually equals the shortfall between claims and assets (Article 70 of the Insolvency Law); several responsible persons may be jointly and severally liable.

An application must be filed within three years from knowledge (Article 71 of the Insolvency Law) of the grounds, but no later than three years after liquidation proceedings end. Following a judicial act, a creditor may seek separate enforcement proceedings (Article 75 of the Insolvency Law). If the insolvency case has already ended, a creditor not paid in full retains the right to apply afterwards (Article 76 of the Insolvency Law) for subsidiary liability outside the case.

How enforcement moves into insolvency

Insolvency is not a repeat of individual enforcement; it provides a collective search for and distribution of assets. The temporary indicator for an ordinary company is failure to perform obligations for at least three months (Article 5 of the Insolvency Law). Permanent insolvency is determined when liabilities exceed asset value on the prescribed reporting dates.

Once supervision is introduced, enforcement of property documents is generally suspended. Monetary claims may be presented only in the insolvency case, subject to statutory exceptions. This is a collective regime (Article 79 of the Insolvency Law), so an attempt to bypass the register with an individual collection order does not normally create priority.

To participate in the first creditors’ meeting, a creditor files its claim within 30 days (Article 87 of the Insolvency Law) after publication. Documents are sent to the court, debtor and interim manager, together with the judicial act or other evidence. Missing the deadline does not necessarily extinguish the claim, but it removes timely influence over the first meeting and may defer payment.

The main advantage of the case is the ability to recover diverted assets. Transactions during the three years before commencement may be challenged where property was transferred at an undervalue, free of charge, on plainly worse terms or in preference to one creditor. The law provides this special three-year reach (Article 63 of the Insolvency Law).

Transactions with an interested person that caused losses and preferential payments after acceptance of the application are challenged separately. Their special grounds (Article 64 of the Insolvency Law) are supplemented by the rules on creditor preference (Article 65 of the Insolvency Law). The manager or a creditor, or several creditors, entered in the register may bring the claim. This creditor’s right (Article 68 of the Insolvency Law) distinguishes the process from passively waiting for a report.

The liquidation manager inventories assets, collects receivables, locates and recovers property held by third parties and brings claims against persons with subsidiary liability. These duties of the manager (Article 144 of the Insolvency Law) give a creditor concrete issues to raise with the creditors’ meeting and the court.

After the company is declared bankrupt, the state enforcement officer terminates most individual proceedings, lifts their attachments and transfers the documents to the liquidator within three business days (Article 62 of the Enforcement Law). An ordinary unsecured commercial debt falls within the second priority (Article 150 of the Insolvency Law) in liquidation together with other claims specified by law; a secured creditor first receives the proceeds of its collateral.

The critical risk is that claims left unpaid because property is insufficient are deemed discharged (Article 154 of the Insolvency Law) after settlements are completed. Insolvency therefore makes sense where there are grounds to expect concealed assets, receivables, challengeable transactions or subsidiary liability, not as a formal continuation of an unproductive enforcement case.

Insolvency is addressed here only as a creditor’s enforcement tool after the debt has become enforceable. The article on liquidation and insolvency covers the full tests, procedures, expenses and consequences for companies and individuals. It should be read before filing a separate application with the economic court.

How a debtor can lift an excessive attachment and challenge the officer

The debtor should challenge a specific enforcement breach rather than the existence of a debt established by a final judgment: an attachment above the required amount, blocking a protected payment, including third-party property, failure to notify a valuation, breach of priority or inaction after full payment. A complaint is filed with the administrative court at the officer’s location or with the higher authority within 10 days (Article 86-1 of the Enforcement Law) after notice or after the breach became known.

A complaint does not always suspend a debit or auction automatically. Filing it enables the complainant to seek suspension because the law treats a complaint as a possible ground (Article 35 of the Enforcement Law). If the proceedings are suspended because of the complaint, they remain suspended until it is resolved (Article 36 of the Enforcement Law).

If third-party property has been inventoried, its owner or lawful possessor brings a claim to release it from attachment. Once the claim is accepted, enforcement against the disputed item is suspended, although enforcement against the debtor’s salary and other income continues. This possessor’s claim cannot be replaced by a simple complaint from the debtor.

Inability to pay and deliberate evasion are different. Failure without valid reason to comply with a monetary document after the voluntary period may result in an administrative fine (Article 198-1 of the Administrative Liability Code). False asset information, failure to report new income and obstruction of enforcement are separate offences (Article 198-2 of that Code). It is safer for the debtor to document its financial condition and request instalments than to create the appearance that assets do not exist.

What changed in 2026

• Decree UP-50 of 30 March 2026 approved digitalisation of enforcement, the ability of creditors to prepare certain auction documents for tax and secured bank claims, and a future system allowing receipts into attached company accounts to be used for salaries and utilities. Clauses 6–7 ordered preparation of a separate law, so the Decree itself does not give every company an unconditional right to make those payments through any attachment.
• Plenum Resolution No. 19 of 3 July 2026 clarified interim relief: a court attaches funds in a settlement account up to the value of the claim, rather than attaching the “account” as an object. The clarification concerns interim relief before enforcement, but it helps distinguish a lawful limit from an indefinite full blockage.

What a creditor should do when there are “no assets”

“No assets” means only that the particular checks performed so far produced no result. The creditor should obtain the list of inquiries and responses from the file and check accounts, cash, vehicles, real estate, equity interests, rights, debtors, property held by third parties, an individual’s income and other proceedings. If those steps are absent from the file, a targeted application should be submitted instead of repeating a general request.

The document is returned where the address or assets cannot be established, or where the debtor has no property and income after all permitted measures. Return does not prevent resubmission (Article 40 of the Enforcement Law). Moreover, where it was returned because full or partial enforcement was impossible, a new presentation period runs from the return date (Article 28 of the Enforcement Law).

Information on some unproductive cases passes into the Register of Obligations. State bodies, banks and other organisations check it online, and information is kept for 10 years (Article 43-3 of the Enforcement Law). An entry is removed when proceedings resume, actual compliance occurs, the creditor applies, or bankruptcy or liquidation begins. The entry itself does not prevent bankruptcy (Article 43-4 of the Enforcement Law).

The debt also affects certain transactions of the debtor. Major transactions and some financial, credit, transport and public services are subject to an online debt check (clause 2 of Cabinet Resolution No. 379 of 21 May 2018); a prescribed transaction is refused if a property enforcement document remains unpaid. For the creditor this is not a payment, but it continually encourages the debtor to settle.

The next choice depends on the evidence:

1. If the business is operating, search for revenue and receivables in addition to balance-sheet property.
2. If there is a guarantor or joint debtor, present the document to that person within the scope of their obligation.
3. If assets were recently transferred to affiliated persons, prepare to challenge the transaction, generally in insolvency proceedings.
4. If there are signs of unlawful acts by the director, collect accounting documents, transactions, cash movements and evidence of causation for subsidiary liability.
5. If no new information is yet available, preserve the return decision and the new deadline date, and check regularly for new assets rather than waiting until the last day.

Frequently asked questions

May a creditor take a writ directly to the bank?

Yes, if the enforcement document requires payment of money and the creditor knows that the debtor has an account at a particular bank. The bank must execute it no later than the next business day or record that funds are absent or insufficient. This route does not empower the bank to search for real estate, debtors or property, so after a partial debit the document and the bank’s notation are needed for further proceedings through the Bureau.

Can salaries be paid when the company account is attached?

It is not enough to rely only on salaries being in the first priority. Priority when funds are insufficient and attachment of the debit side of an account are different restrictions. The bank checks the decision, pending-payment file and permitted transactions. Decree UP-50 of 30 March 2026 approved a special system for salaries and utility payments but also ordered a law to be drafted. Until a separate applicable procedure is confirmed, the company should obtain the bank’s and enforcement officer’s written position or secure instalments and an expressly ordered lifting of the attachment.

When may a creditor retain unsold property?

After an unsuccessful repeat sale, the state enforcement officer sends an offer. For ordinary property, the price is reduced by 10% from the valuation; for property securing the debt under enforcement, a 25% discount applies to the opening price of the repeat sale. The creditor must respond within 10 business days. If the price exceeds the remaining debt, the creditor simultaneously pays the difference into the Bureau’s deposit account.

Can an LLC debt reach the director without insolvency?

The office of director alone is insufficient. A personal guarantee, a separate obligation or a final judicial act imposing subsidiary liability is required. After insolvency proceedings end, a creditor that was not paid in full may seek subsidiary liability outside the case, but must prove the special grounds and comply with the limitation period. Without those conditions, an enforcement officer cannot simply substitute the director for the company.

What happens to the fee after partial recovery?

For a monetary document, the fee is calculated at the prescribed rate but collected in proportion to the amount actually recovered from the debtor. If proceedings are terminated, it survives only for the part compulsorily enforced. If the principal judicial act is revoked or amended, or the fee was paid in error or in excess, a refund may be claimed with supporting documents. The application must be submitted within three years after the relevant ground arises.