Thailand Civil Procedure Code-Section 222/35-222/44

PART IV
JUDGEMENT AND EXECUTION

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Section 222/35.211 A judgement of the court shall have the effect of binding the parties and the members of the class and in the case where the court renders a judgement in favour of the plaintiff, the plaintiff or the counsel of the plaintiff shall have the power to proceed with execution for the plaintiff and the members of the class.

A member of the class shall have the right to file a request for receiving performance but shall have no right to proceed with this execution by himself or herself.

If it appears to the court that the counsel of the plaintiff is unable to proceed with execution in such a way that sufficiently and justly protects the interests of the members of the class, the court may issue an order for the plaintiff and the members of the class to procure a new counsel to proceed with execution.

Section 222/36.212 A judgement of the court shall mention or set forth the following particulars:

1. The particulars as prescribed in section 141;
2. The clear characteristics of the class of persons or sub-classes that shall be bound by the judgement;
3. In the case where the court renders a judgement directing the defendant to pay a monetary debt, the amount of money to be paid by the defendant to the plaintiff, including the criteria and methods of calculation for payment of money to the members of the class must be specified;
4. The amount of gratuity for the counsels of the plaintiff under section 222/37.

Section 222/37.213 In the case where the court renders a judgement directing the defendant to perform or abstain from performing an act or deliver property, the court shall determine the amount of gratuity to be paid by the defendant to the counsels of the plaintiff as the court sees fit, taking into account the difficulties of the case together with the period of time devoted and the work done by the counsels of the plaintiff, including the expenses in relation to the class action, other than the costs, paid by the counsels of the plaintiff, and for this purpose, when the trial has been completed, the counsel of the plaintiff shall file an account of such expenses with the court and serve a copy thereof on the defendant.

If the judgement directs the defendant to pay money, apart from the court taking into account of the criteria under paragraph one, the court shall also take into account the amount of money to which the plaintiff and the members of the class are entitled. In this regard, the court shall determine the amount of gratuity for such counsels of the plaintiff in percentage of such amount of money, but the amount of gratuity shall not exceed thirty percent of such amount.

If the judgement directs the defendant to perform or abstain from performing an act or deliver property together with paying money, the provisions of paragraph one and paragraph two shall apply, mutatis mutandis.

In the determination of the amount of gratuity for a counsel of the plaintiff under this section, if there is a change in a counsel of the plaintiff, the court shall determine the amount of gratuity for the counsels of the plaintiff in proportion to the amount of work done and expenses paid by each of the counsels.

A counsel of the plaintiff shall be deemed to be a judgement creditor and the defendant to be a judgement debtor with respect to the gratuity for the counsels of the plaintiff, and such gratuity shall not be a cost.

Section 222/38.214 In the case where the court renders a judgement in favour of the plaintiff, the court shall have the power to prescribe the criteria, procedures and conditions for compliance with the judgement by specifying them in the judgement or subsequently in its order, and during execution, the court shall have the power to additionally issue decrees for the purpose of compliance with the judgement as the court sees fit.

The court of first instance shall have the power to consider ordering a motion to stay the enforcement of the judgement. The order of the court of first instance shall be final.

Section 222/39.215 The court shall notify the members of the class of its judgement by the same methods as prescribed in section 222/15, paragraph one and shall also notify the same to the Director-General of the Legal Execution Department for acknowledgement.

In the case where the court renders a judgement directing the defendant to pay a monetary debt or make performance which includes a monetary debt, the court shall appoint an executing officer to take further action. The court shall also determine the days as the court sees fit in the notice and publication under paragraph one for the members of the class to file a request for receiving performance with the executing officer. However, in the case where the court renders a judgement directing the defendant to make any other performance and any action is required for the purpose of the enforcement of the judgement, the plaintiff may file a request with the court for appointment of an executing officer to take action.

After the lapse of the period of time under paragraph two, a member of the class who does not file a request for receiving performance shall have no right to request distribution of the property or money from this execution, except in the case of force majeure, in which case the member of the class who does not file a request for receiving performance within the time limit may file a request for receiving performance with the executing officer within thirty days from the date on which such time limit has elapsed.

Section 222/40.216 The parties to the case and other members of the class may request to examine and challenge the request for receiving performance of the member of the class who files the request for receiving performance, but this must be done within thirty days from the date on which the time limit for the filing of the request for receiving performance has elapsed, except in the case of force majeure, in which case the time limit may be requested to be extended for not more than thirty days.

Section 222/41.217 The executing officer shall have the power to call the parties to the case, members of the class, persons interested in execution or persons concerned for inquiry into the matters of the requests for receiving performance of the members of the class for considering issuing further order.

Section 222/42.218 If the parties to the case and other members of the class do not challenge the request for receiving performance of any member of the class, the executing officer shall have the power to order to permit the receipt of such performance, except where there is reasonable cause for an order to be issued otherwise, provided that the executing officer shall notify the court of such action for acknowledgement.

If the request for receiving performance of any member of the class is challenged, the executing officer shall issue any of the following orders:

1. Dismissing the request for receiving performance;
2. Permitting the performance to be received in full;
3. Permitting the performance to be received in

The member of the class who has filed the request for receiving performance which is not challenged under paragraph one, the member who has filed the request for receiving performance which is challenged under paragraph two or the person who challenges the request may file a motion objecting to the order of the executing officer with the court within fifteen days from the date of acknowledgement of the order of the executing office.

The order of the court under paragraph three may be appealed and petitioned under the provisions of Book III Appeal and Petition.

Section 222/43.219 When an executing officer has seized or attached any property of the judgement debtor in another case on behalf of the judgement creditor, the counsel of the plaintiff in the class action shall have the power to file a request in the form of a motion with the court issuing the writ of execution for such seizure or attachment, for the court to issue an order of distribution of the property to the counsels of the plaintiff, the plaintiff and the members of the class under section 326 in the amount to which they are entitled.220

In the case where the amount of money claimed by the members of the class under the requests for receiving performance under section 222/42 is not yet finalized, the court accepting the motion for distribution of property under paragraph one shall suspend its order of distribution and when such amount of money is finalized, the counsel of the plaintiff shall notify such court.

When the court has issued an order of distribution of the property, the executing officer in such case shall remit the money to the executing officer in the class action for payment to those entitled under section 222/44.

Section 222/44. 221 When the defendant deposits money or property with the executing officer or when the defendant’s property is sold by auction or disposed of by any other means or when the executing officer has completed compiling any other property of the defendant and the execution costs have been deducted, the executing officer shall make payment to those entitled in the following order:

1. 222 Persons having the right to have the obligation due to him or her satisfied prior to others under section 322 and section 324;
2. Gratuity for counsels of the plaintiff under section 222/37;
3. Costs for the plaintiff;
4. 223 The plaintiff, members of the class and other creditors entitled to distribution of the property under section 326.

Unofficial Translation Chaninat and Leeds Ltd.  Thailand Paternity Lawyers

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