Thailand Civil Procedure Code Section-337-344
PART X
PREPARATION OF DISTRIBUTION ACCOUNTS
Section 337.338 The executing officer shall prepare a detailed account showing all amounts of money derived from the seizure, attachment, sale or disposal of property of a judgement debtor or deposited with him or her. The executing officer shall also prepare a special account for the amount of money derived from the sale or disposal of each property subject to a real right, a preferential right, a right of retention or other rights which have been notified or appeared to the executing officer under section 324.
Unless otherwise provided by this Code or other laws, the executing officer shall allocate or distribute the money under paragraph one as provided by the following sections.
Section 338.339 In the case where execution is to be carried out according to a judgement or order which is given due to the defendant’s default, no money received shall be allocated or distributed until a period of six months has elapsed from the date of seizure of property or attachment of a claim of the judgement debtor, unless the judgement creditor demonstrates to the satisfaction of the court that the judgement debtor has already acknowledged of him or her being sued.
Section 339.340 In the case where there is only one judgement creditor applying for execution against property of the judgement debtor and there is no case under section 324, after the sale by auction or disposal by any other means of the property has been completed and execution costs have been deducted, the executing officer shall make payment in accordance with the amount of obligations and costs according to the judgement to the judgement creditor, insofar as the net proceeds are available for such payment.
Section 340.341 In the case where there are several judgement creditors applying for execution against property of the judgement debtor or in the case of section 324, after the executing officer has completed the sale by auction or disposal by any other means of the property, the following actions shall be taken:
- The execution costs shall be deed However, if such property belongs to crowners, the executing officer shall first reserve the amount of money belonging to the other crowners, other than that belonging to the judgement debtor, out of the proceeds derived from the sale or disposal of such property and the execution costs shall then be deducted only from the portion of money of the judgement debtor;
- A distribution account shall be prepared to show the amount of money to be paid to each of the judgement creditors or holders of any right over such property out of the net proceeds which are sufficient for the payment according to the rights of such persons under the provisions of the Civil and Commercial Code, this Code or other laws, and the amount of money reserved for the co-owners shall also be shown in such account;
- A notice shall be served on the judgement debtor, co-owners, and persons under (2), requesting them to examine the distribution account and file a statement of objection, if any, within fifteen days from the date on which the notice has been served.
If there is no statement of objection within the time period prescribed in (3), it shall be deemed that such distribution account is final and the executing officer shall pay the money to persons in accordance with such distribution account.
Section 341.342 In the case where there is a person filing a statement of objection under section 340, the executing officer shall issue writs of summons for all judgement creditors, holders of any right over the property, co-owners and judgement debtor to give explanation at a prescribed time and place, provided that at least three day’s prior notice must be made. Such person may appear in person according to the summons or may appoint an attorney to act on his or her behalf.
After examining and considering statements of objection and hearing explanation from the persons appearing according to the summons, the executing officer shall issue an order confirming or amending the distribution account and read such order to the persons appearing according to the summons and cause them to affix their signatures for acknowledgment.
In the case where the order cannot be issued on the prescribed date, the executing officer shall notify the persons appearing according to the summons or as scheduled of a scheduled date to which he or she postpones for hearing the order and cause them to affix their signatures for acknowledgement.
If the person under paragraph one fails to appear according to the summons or as scheduled by the executing officer, he or she shall be deemed to have acknowledged the scheduled date and the order of the executing officer.
Section 342.343 In the case where the executing officer issues an order confirming the distribution account, the person filing a statement of objection under section 340 may file a motion objecting to such order with the court within seven days from the date on which the order is read.
In the case where the executing officer issues an order amending the distribution account, any of the persons under section 341 may file a motion objecting to such order with the court within fifteen days from the date on which the order is read.
In the case where there is a person filing the motion of objection under paragraph one or paragraph two, the executing officer shall postpone the distribution until the court issues an order thereon, or shall make a provisional distribution according to section 343.
If there is no person filing the motion of objection under paragraph one or paragraph two, the distribution account shall be deemed to be final, and the executing officer shall make payment to persons in accordance with such distribution account.
The order of the court under this section shall be final.
Section 343. 344 When the executing officer views that the postponement of distribution until the property against which execution is sought has been entirely disposed of or until the claims brought to the court have been finally settled will cause damage to all or any of the persons entitled to a portion of the proceeds of the property subject to the execution, the executing officer shall have the right to distribute the proceeds insofar as sufficient to make the payment as provided in section 340, section 341 and section 342, provided that the executing officer has reserved the amount of money for payment of all execution costs already incurred or to be incurred and for payment of any disputed claims.
Section 344.345 When all of the persons interested in execution are satisfied with the portion received, if there is any remainder of the proceeds from the sale or disposal of property after deduction of execution costs and such remainder is subject to payment to the judgement creditors under section 329 or is otherwise attached, the executing officer shall pay the remainder in accordance with section 329 or with an order of attachment of claims, as the case may be.
If the net proceeds from the sale or disposal of property are no longer required for execution or there is a remainder of the proceeds from the sale or disposal of property after deduction of execution costs and payment to the satisfaction of all judgement creditors, the executing officer shall pay the net proceeds or the remainder to the judgement debtor. If property of a third party has been disposed of for the benefit of the judgement debtor, the net proceeds or the remainder shall be paid to such third party.
If any property under section 323 has already been sold and there is a final judgement given in favour of the person making the allegation, the executing officer shall pay the proceeds from the sale to such person.
Unofficial Translation Chaninat and Leeds Ltd. Thailand Child Custody Attorneys
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