Thailand Civil Procedure Code Section-316-320
PART IV
ATTACHMENT OF CLAIMS
Section 316.317 Attachment of a judgement debtor’s claim for payment of a sum of money or delivery or transfer of property by a third party or for performance of an obligation other than payment of a sum of money or delivery or transfer of property by a third party, shall be effected by the court or an executing officer by issuing an order of attachment and notifying such order to the judgement debtor and the third party.
The order of attachment under paragraph one must contain a prohibition of disposal of the claim by the judgement debtor and a prohibition of performance of such obligation by the third party to the judgement debtor, but instead the money must be paid, or the property must be delivered or transferred, or such other obligation must be performed to the court, the executing officer or other persons, or any other act must be performed as the court or the executing officer sees fit, at or within such time or under such conditions prescribed, as the case may be.
Such order of attachment may be enforced anywhere.
Section 317.318 The attachment under section 316 may be effected, irrespective of whether or not the obligation claimed is subject to a dispute, restriction or condition, or whether or not its amount is definitely fixed.
Section 318. 319 An attachment of a judgement debtor’s claim for periodical performance of obligations shall also take effect as attachment of such claim for performance of obligations after such attachment.
Section 319.320 The effect of an attachment of a judgement debtor’s claim secured by mortgage or pledge shall also extend to such mortgage or pledge. If the mortgaged property is on the register, the executing officer shall notify the order of attachment to the competent person for record on the register.
In the case where the mortgagor or the pledgor is not a debtor under the claim, after the attachment has taken place, the mortgagor or the pledgor shall be informed accordingly.
Section 320.321 An attachment of a claim shall have the following effects:
- Any creation of a right for a third party over the attached claim or any transfer, change or extinguishment of such claim made by the judgement debtor after the attachment has taken place may not be asserted against the judgement creditor or an executing officer even though the value of such claim exceeds the amount of judgement debts, including costs and execution costs and the judgement debtor has carried out such act only with respect to the portion of the attached claim in excess of such amount.
The provision of paragraph one shall not apply to the mortgagor or pledgor who is not a debtor under the claim under section 319, paragraph two if the mortgagor or pledgor can prove that the extinguishment of the mortgage or pledge is resulted from his or her act, in good faith for value, before the notification of attachment has been made to the mortgagor or pledgor.
- If the value of the attached claim is impaired by the judgement creditor’s fault, the judgement creditor shall be liable to pay compensation to the judgement debtor for any damage caused to the judgement deb
- A performance by a third party as specified in the order of attachment shall be deemed to be performance according to law.
Unofficial Translation Chaninat and Leeds Ltd. Thailand Child Custody Lawyers
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