Thailand Civil Procedure Code Section 274-275
PART III
REQUEST FOR EXECUTION
Section 274.275 If the party or person losing the case or the person subject to the court’s judgement or order to perform an obligation (the judgement debtor) fails to comply with the decree issued under the judgement or order of the court, in whole or in part, the party or person winning the case or the person entitled to the performance of an obligation by the judgement or order of the court (the judgement creditor) shall be entitled to apply for execution by means of seizure of properties, attachment of claims or other measures of execution in accordance with the provisions of this Book within ten years from the date of the judgement or order. If the judgement creditor has already applied to an executing officer for seizure of any property or attachment of any claim or has partially carried out the execution by other measure within such period of time, the execution against such property or claim or the execution by such other measure may continue until its completion.
If the judgement or order requires the obligation to be performed in instalments or on a monthly or yearly basis or be performed in the future, the ten-year period under paragraph one shall commence from the date on which the performance of obligation under such judgement or order is enforceable.
If the claim under the judgement or order is for payment of a sum money or return or delivery of a specific thing, a person who receives the transfer of, or is subrogated to the rights under such judgement or order shall have the power to carry out execution in accordance with Chapter II Execution in Case of Money Debt or Chapter III Execution in Case of Return or Delivery of Specific Things, as the case may be, by applying to the court to assume the rights of the judgement creditor.
Section 275.276 If a judgement creditor requests execution, he or she shall file an ex parte request for execution with the court and clearly specify the following in the request:
- Obligations not yet performed by the judgement debtor in compliance with the decree;
- Measures of execution applied for with the court.
During the period when the court has not yet prescribed the measures of execution as requested by the judgement creditor under paragraph one, if there is a necessity, the judgement creditor may file an ex parte request with the court for issuance of an order prescribing any measure for the protection of his or her interest in the meantime. If the court sees fit, it may issue an order granting such request without making any examination. In such case, the judgement debtor may promptly file a request for the court to cancel such order.
Such request may be made in the form of an ex parte request with permission of the court, and the court, if it sees fit, may issue an order to cancel such order of grant without making any examination. The order of the court under this paragraph shall be final.
In the case where the court has issued an order to protect the interest of a judgement creditor under paragraph two, such order shall continue to take effect insofar as necessary for compliance with the judgement or order of the court.
Unofficial Translation Chaninat and Leeds Ltd. Thailand Employment Law Attorneys
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