Thailand Civil Procedure Code Section-289-291
PART VIII
STAY OF EXECUTION
Section 289.290 An executing officer shall stay execution in the following cases:
- When the court issues an order to stay execution because a request for a new trial is filed and the executing officer has been informed as provided in section 199 quiquies, paragraph one or section 207.
In such case, if the judgement creditor files a motion that he or she may suffer damage as a result of the filing of such request and there is preliminary evidence showing that such request is not founded and filed to delay the execution, the court shall have the power to order the judgement debtor to deposit a sum of money or furnish a guarantee as it sees fit within a period of time to be prescribed by the court to secure the payment of compensation to the judgement creditor for damages that may be suffered by him or her as a result of any delay of execution owing to the filing of such request, or prescribe any provisional measure of protection as the court sees fit. If the judgement debtor fails to comply with the court order, the court shall order revocation of the order staying execution.
- When the court issues an order to stay execution and forwards such order to the executing off In this case, the executing officer shall stay execution up to a period of time or under any condition as prescribed by the court.
- When the judgement creditor notifies the executing officer in writing that he or she agrees to stay execution for a prescribed period of time or under any conditions, with written consent from the judgement debtor and third parties who have an interest in the executor
- When the judgement creditor who requests execution fails to comply with section 154.
The executing officer shall serve a notice of a stay of execution on the judgement creditor and third parties who have an interest without delay, unless execution is stayed upon the request of such person.
Section 290.291 A judgement debtor may file a motion with the court for stay of execution on the grounds that he or she has brought a case against the judgement creditor on another matter at the same court which has not yet rendered a decision thereon and if he or she is the winning party, seizure, attachment, sale by auction or disposal of property of the judgement debtor by any other means will not be required as there may be a set-off.
If the court finds that the allegation of the judgement debtor is admissible, it may issue an order to stay execution. Such order may or may not be subject to any condition or time clause, and the court may issue an order for the judgement debtor to deposit a sum of money or furnish a guarantee to the court in an amount as the court sees fit and within a prescribed period of time to secure the payment of judgement debts and compensation to the judgement creditor for damages that may be suffered by him or her as a result of any delay of the execution owing to the filing of such motion.
The order of the court under this section shall be final.
Section 291.292 In the case where the executing officer stays execution in accordance with the order of the court, the executing officer shall resume execution upon receiving an order from the court, issued by the court itself or issued by the court upon the filing of a request by the judgement creditor, either because the period of time for staying execution has elapsed or the condition prescribed by the court has not been complied with or the appeal court or the Supreme Court in the same case has rendered a confirming judgement or it is no longer necessary to stay execution.
In the case where the executing officer stays execution in accordance with section 289 (3) or (4), the executing officer shall resume execution when the period of time for staying execution has elapsed or the condition prescribed by the judgement creditor has not been complied with or the judgement creditor requesting execution has complied with section 154.
Unofficial Translation Chaninat and Leeds Ltd. Thailand Attorneys
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