Thailand Civil Procedure Code Section-326-330
PART VII
REQUEST FOR DISTRIBUTION AND CONTINUATION OF EXECUTION
Section 326.327 When any seizure of property or attachment of a claim of a judgement debtor has been carried out for satisfaction of an obligation to one judgement creditor, no other judgement creditors may again proceed to seize such property or attach such claim, but they shall have the right to file a motion with the court issuing the writ of execution for an order allowing him or her to participate in the distribution of such property or the proceeds derived from the sale or disposal of the property so seized or attached in proportion to the amount of the judgement debts.
The court shall not grant such motion unless the court finds that the person filing the motion is unable to be satisfied out of other property of the judgement debtor.
If a competent official who has the power, under the law governing taxes and duties or other laws, to order seizure of property or attachment of claims of the judgement debtor for the performance of outstanding obligations under such law, has previously seized the property or attached the claim under paragraph one, he or she shall have the right to request participation in the distribution without being subject to the provision of paragraph two; provided, however, that if such competent official has not yet carried out the seizure or attachment, he or she shall have the right to request participation in the distribution in the same manner as other judgement creditors.
In the case of seizure of property for the purpose of sale by auction or disposal by any other means, the aforesaid motion shall be filed before the expiration of a period of fifteen days from the date of sale by auction or disposal of the property sold by auction or disposed of on such occasion.
In the case of attachment of a claim, the motion shall be filed before the expiration of a period of fifteen days from the date of payment of the money or the date of sale by auction or disposal by any other means of the claim so attached.
In the case of seizure of a sum of money, the aforesaid motion shall be filed before the expiration of a period of fifteen days from the date of seizure.
When a copy of such motion has been served on the executing officer, the executing officer shall refrain from paying money or property under the decree, whether it is a sale, disposal or payment under the attachment on the occasion when the distribution is requested, as the case may be, until the court makes a decision. When the court has issued any order and has it served on the executing officer, the executing officer shall comply with such order.
Section 327.328 In the case where execution is withdrawn, the executing officer shall serve a notice of withdrawal of execution on the persons whose applications have been granted by the court under section 324 or the creditors whose requests to participate in the distribution have been granted under section 326, without delay. Such person may request to carry out execution continually from the creditor who requested the seizure of property or the attachment of a claim by filing a motion with the executing officer within fifteen days from the date of notice to such person. If there is a person filing the motion within such period of time, such person shall be the applicant for continuation of the execution. If there is no person filing the motion within such period of time, the executing officer shall withdraw the seizure of the property or the attachment of the claim.
In the case where there are several persons filing the motion, the executing officer shall issue writs of summons for all of such persons to come to an agreement on selection of one of them to carry out the continued execution, provided that at least three day’s prior notice must be made. If the agreement cannot be reached, the person filing the motion who appears according to the summons and has the highest amount of claims shall be the person
carrying out the continued execution. If there are several persons who file the motion having the highest amount of claims equally, the person filing the motion whose claim matures first shall carry out the continued execution. In the case where any person filing the motion fails to appear according to the summons, he or she shall be deemed to renounce his or her right to carry out the continued execution.
In the case of continuation of execution, the persons who request continuation of execution shall be deemed to be creditors who request seizure of property or attachment of a claim, and the court issuing the writ of execution in the case in which execution has been withdrawn shall be the court competent for the continued execution. If the creditor carrying out the continued execution is to request execution against only a part of the property previously subject to execution which is sufficient to satisfy the obligations to all creditors under paragraph one including costs and execution costs, he or she shall file the motion for permission with the executing officer within seven days from the date on which the continued execution is resumed. In such case, the executing officer shall issue an order granting or not granting the motion or issue any order as he or she sees fit, taking into account the interests of all creditors under paragraph one. The creditor who carries out the continued execution may object to the order of the executing officer to the court within fifteen days from the date of acknowledgement of the order of the executing officer.
With regard to the creditor who requested the seizure of property or the attachment of a claim in the case where such execution is withdrawn:
- if the execution is withdrawn as a result of his or her renouncement of his or her right in execution under section 292 (6), he or she shall not be entitled to distribution of the property or proceeds from the sale or disposal of the property subject to execution;
- if the execution is withdrawn under section 292 (4) but the judgement debts remain outstanding, he or she may file a motion with the court for an order that he or she be paid out of the remaining proceeds after payment to creditors who request distribution, in the same capacity as the person filing a motion under section 329 (1);
- if the execution is withdrawn as a result of revocation of the writ of execution or in other cases than (1) and (2), but the judgement debts remain outstanding, he or she may file a motion with the court for an order that he or she is entitled to distribution of the property or proceeds from the sale or disposal of the property in this execution before the payment under section 339 or before service of the notice under section 340 (3), as the case may be.
Section 328.329 The creditor who carries out the continued execution under section 327 may file a motion with the court competent for execution for transfer of the execution to the court which judges the case in which he or she is a judgement creditor. After considering the motion, if the court competent for execution finds that the execution in the court to which the execution will be transferred will be convenient to all parties and consent of the court to which the execution will be transferred has been obtained, it shall issue an order granting the transfer of the execution. The order of the court under this section shall be final.
In the case of transfer of execution under paragraph one, the court to which the execution has been transferred shall be deemed the court under section 271, paragraph one.
Section 329.330 In the case where a judgement creditor fails to file a motion for distribution within the time period under section 326 or the court dismisses a motion for distribution because it was not filed within such prescribed time period, the judgement creditor may file a motion with the court for any of the following orders:
- that he or she shall be entitled to receive payment out of the remaining money after payment to creditors who request seizure of property or attachment of a claim and creditors who request distribution under section 326 or section 327, as the case may be;
- that, in the case where the execution is withdrawn and there is no creditor carrying out the continued execution under section 327, he or she shall be deemed to be a creditor who carries out the execution continually from the creditor who requested the seizure of property or the attachment of a claim in the case where such execution is withdrawn, from the date on which the execution has been withdrawn.
The motion under (1) shall be filed before the payment under section 339 or before service of the notice under section 340 (3), as the case may be.
The motion under (2) shall be filed before the withdrawal of the execution.
In the case where there is a person filing the motion under (2), the provisions of section 327 paragraph two, paragraph three and paragraph four shall apply, mutatis mutandis. If there are several persons filing the motion under (2), it shall be deemed that the persons filing the motion other than the one selected or prescribed by law to carry out the continued execution and creditors who do not file a motion for carrying out the continued execution under section 327, are also creditors who are entitled to receive performance out of the property or proceeds derived from the sale or disposal of the property in such case.
Section 330. 331 The order of the court under section 327, paragraph three and paragraph four and section 329 shall be final.
Unofficial Translation Chaninat and Leeds Ltd. Thailand Paternity Lawyers
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