Thailand Civil Procedure Code Section-351-354

PART I

EXECUTION IN CASE WHERE A JUDGEMENT DEBTOR IS REQUIRED TO LEAVE THE IMMOVABLE PROPERTY,

DWELLING OR THING IN THE POSSESSION

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Section 351.352 In the case where a judgement or an order of a court requires a judgement debtor to be evicted from immovable property, a dwelling or a thing in the possession:

1. if there is no longer a person residing in such thing, the executing officer shall proceed in accordance with section 352;
2. if the judgement debtor or his or her dependent refuses to leave such thing, the executing officer shall proceed in accordance with section 353.

Section 352.353 In the case of section 351 (1), the executing officer shall have the power to hand over such thing, in whole or in part, to the judgement creditor for immediate possession. If the handing over is hindered by any obstruction, the executing officer shall have the power to remove such obstruction as necessary.

If there is any article of the judgement debtor or of any other person remaining in such thing, the executing officer shall prepare a list of such articles, and shall have the power to take the following actions:

1. If such article is of a perishable nature or is dangerous by nature, or delay will likely cause risks of loss or incur expenses which exceed the value of such article, the executing officer shall have the power to immediately dispose of such article by a sale by auction or any other means as he or she sees fit and retain the net proceeds after deduction of the expenses in substitution for such article, or to destroy such article, or to take any other action as he or she sees fit, taking into account the nature of the article, benefits of the interested persons and public interests.
2. If such article is not an article specified in (1), the executing officer shall have the power to take such article into his or her custody or assign it to be in custody of the judgement creditor or deposit it at any place or with any person as he or she sees fit, and then make a notice or an announcement for the judgement debtor or owner of the article to take return of it within a period of time prescribed by the executing officer. If the judgement debtor or owner of the article fails or refuses to take return within the prescribed period of time, the executing officer shall take the action in accordance with (1), mutatis mutandis.

With regard to the proceeds received by the executing officer from the disposal of the article under paragraph two (1) or (2), if the judgement debtor or owner of the article does not claim the return of the same within five years from the date of receipt of a notice of the executing officer, they shall vest in the State.

In the case where the article under paragraph two is seized or attached or its transfer, removal or disposal is prohibited in accordance with interim relief or for the purpose of execution in another case, the executing officer shall have the power to remove such article for keeping in another place as he or she sees fit, provided that the executing officer shall also notify the court or the executing officer in such other case for acknowledgement.

The judgement debtor shall pay the expenses incurred from the actions carried out under this section, and they shall be deemed to be judgement debts which shall be subject to further execution.

Section 353.354 In the case of section 351 (2), the executing officer shall take the following  actions:

1. Reporting to the court for issuance of an order to arrest or detain the judgement debtor or his or her dependent, and the court shall have the power to immediately order the arrest or detention. In such case, the provision of section 363 shall apply, mutatis mutandis;
2. Posting a notice directing the person residing in or possessing such thing who claims that he or she is not a dependent of the judgement debtor to file a motion with the court within fifteen days from the date on which the notice has been posted to demonstrate that he or she has special power to reside in or possess such thing.

When the judgement debtor or dependent has been arrested under (1) or in the case where such person has left such thing, the executing officer shall proceed in accordance with section 352.

Section 354.355 For the purpose of execution as provided in section 351, the following persons shall be deemed to be a dependent of a judgement debtor:

1. A person who resides in or possesses such thing and does not file a motion with the court  within  the  prescribed  time  period  under  section  353  (2)  or  files  the  motion  but cannot demonstrate to the court that he or she has special power to reside in or possess such thing;
2. A person  who  enters  such  thing  during  the  time  when  the executing  officer procures the judgement creditor to take possession of such thing.

Unofficial Translation Chaninat and Leeds Ltd.  Thailand Child Custody Lawyers

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