Thailand Civil Procedure Code-Section-253-265

BOOK IV
INTERIM RELIEF AND ENFORCEMENT OF JUDGEMENTS OR ORDERS

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TITLE I
INTERIM RELIEF

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CHAPTER I
GENERAL PRINCIPLES

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Section 253.250 If a plaintiff does not have a domicile or operating office in the Kingdom and does not have property which can be subject to execution in the Kingdom or if it is reasonably believed that when a plaintiff loses the case, he or she will avoid paying costs and expenses, the defendant may file a motion with the court at any time before judgement requesting the court to issue an order for the plaintiff to deposit a sum of money with the court or to furnish a guarantee for the payment of such costs and expenses.

If the court, after conducting an examination, finds that there is reasonable cause or believable reason, as the case may be, it shall issue an order for the plaintiff to deposit a sum of money with  the court or furnish a guarantee in  an amount and within  a period of time prescribed and may also prescribe any conditions as it sees fit.

If the plaintiff fails to comply with the court order under paragraph two, the court shall issue an order disposing of the case from the cast list, unless the defendant requests that the trial be proceeded or an appeal is made against the order under paragraph two.

Section 253 bis.251 In the case where a plaintiff files an appeal or petition against the judgement, if there is any reason under section 253, paragraph one, the defendant may file a motion with the appeal court or the Supreme Court, as the case may be, at any time before judgement requesting the court to issue an order for the plaintiff to deposit a sum of money with the court or furnish a guarantee for the payment of such costs and expenses.

During when the court of first instance has not yet forwarded the file to the appeal court or the Supreme Court, the motion under paragraph one shall be filed with the court of first instance and the court of first instance shall conduct an examination and then forward such motion together with the file to the appeal court or the Supreme Court for order.

The provisions of section 253, paragraph two and paragraph three shall apply, mutatis mutandis, to the court’s consideration at the stage of appeal and petition.

Section 254.252 In any other case than petty cases, the plaintiff shall be entitled to file with the court together with his or her plaint or at any time before judgement an ex parte request for the court to issue an order, subject to the conditions hereinafter mentioned, to provide the following protective measures:

1. To seize or attach the property in dispute or the property of the defendant, in whole or in part, before judgement, including a sum of money or property of third parties due for payment to the defendant;
2. The court to issue a provisional injunction prohibiting the defendant from repeating or continuing any wrongful act or breach of contract or act complained of, or issue any other order to redress grievance or damage which may continue to be suffered by the plaintiff as a result of the defendant’s act, or issue a provisional injunction prohibiting the defendant from transferring, selling, removing or disposing of the property in dispute or the property of the defendant, or issue an order to cease or prevent any wasting or damage of such property, until the case has become final or the court orders otherwise;
3. The court to issue an order directing the registrar, competent authority or any other person who is competent under law to suspend registration, alteration of registration or revocation of registration in relation to the property in dispute or the property of the defendant or in relation to the act complained of on a temporary basis until the case has become final or until the court orders otherwise, insofar as such act is not in conflict or inconsistent with the provisions of the relevant law;
4. To arrest and detain the defendant on a temporary basis.

During the time commencing from the court of first instance’s or the appeal court’s pronouncement of its judgement or order adjudicating the case or deciding the appeal until the time at which the court of first instance has forwarded the file of the case being appealed or petitioned to the appeal court or the Supreme Court, as the case may be, the request under this section shall be filed with the court of first instance. The court of first instance shall have the power to order granting or dismissing such request.

Section 255.253 In considering granting the request filed under section 254, the court must be satisfied that the plaint is founded and grounded sufficiently for the requested protective measure to be applied, in accordance with the following criteria:

1. In the case where the request is filed for the court to issue an order under section 254 (1), the court must be satisfied that:
   1. the defendant intends to remove the property in dispute or his or her property, in whole or in part, from the jurisdiction of the court or transfer, sell or dispose of such property to delay or obstruct the execution of any decree which may be made against the defendant or to cause disadvantages to the plaintiff; or
   2. there is any other necessity as the court considers fair and appropriate;
2. In the case where the request is filed for the court to issue an order under section 254 (2), the court must be satisfied that:
   1. the defendant intends to repeat or continue the wrongful act, the breach of contract or the act complained of;
   2. the plaintiff will continue to suffer trouble and damage as a result of the defendant’s act;
   3. there will be any wasting or damage of, or any transfer to another person of the property in dispute or the property of the defendant according to circumstances; or
   4. any event under (1) (a) or (b) arises;
3. In the case where the request is filed for the court to issue an order under section 254 (3), the court must be satisfied that:

a. it is likely that the defendant will cause registration, alteration of registration or revocation  of  registration  in  relation  to  the  property  in  dispute  or  the  property of the defendant or in relation to the act complained of, which will cause damage to the plaintiff; or

b. the event under (1) (b) arises;

4. In the case where the request is filed for the court to issue an order under section 254 (4), the court must be satisfied that, for the purpose of delaying or obstructing the trial of the case or the execution of any decree which may be made against the defendant or for the purpose of causing disadvantages to the plaintiff:

a. the defendant has concealed his or her presence in order to avoiding receiving a writ of summons or order of the court;

b. the defendant has removed from the jurisdiction of the court or concealed any document likely to be used as evidence against the defendant in the case pending trial or the property in dispute or the property of the defendant, in whole or in part, or it is likely that the defendant will dispose of or destroy such document or property; or

c. it appears from the defendant’s conduct or the manner in which he or she is carrying out his or her work or business that the defendant will abscond or it is likely that he or she will leave the jurisdiction of the court.

Section 256.254 In the case where the request is filed for the court to issue an order under section 254 (2) or (3), if the court views that if the defendant is provided with an opportunity to first raise an objection, the plaintiff will not be prejudiced, the court shall notify

the date of hearing together with serving a copy of the request on the defendant through a court officer. The defendant may submit his or her objection at the hearing of such request.

 

 

Section 257.255 The court shall have the power to order granting the request filed under section 254 subject to any scope or any conditions as it sees fit.

In the case where the court issues an order granting the request filed under section 254 (2), the court shall notify such order to the defendant.

In the case where the court issues a provisional injunction prohibiting the defendant from transferring, selling, removing or disposing of the property in dispute or the property of the defendant, the court may determine the method of publication as it sees fit to prevent any defraud.

In the case where the court issues a provisional injunction prohibiting the defendant from transferring, selling, removing or disposing of the property in dispute or the property of the defendant, which is required by law to have registration, or issues an order directing any

registrar, competent authority or any other person who is competent under law to suspend registration, alteration of registration or revocation of registration in relation to such property or in relation to the act complained of, the court shall notify such order to the registrar, competent authority or person competent under law and such person shall record the order of the court in the register.

In any case before the court has issued a writ of seizure, a writ of attachment, a provisional injunction, a warrant of arrest or any order, the court may order the applicant to deposit a sum of money or furnish a guarantee to the court in an amount as it sees fit for the payment of compensation which may be received by the defendant under section 263.

Section 258.256 The court order granting the request filed under section 254 (1) may be executed against the defendant immediately and the defendant shall be informed of such order without delay. However, the order shall not apply to a third party who can prove that he or she has received the transfer, in good faith for value, before such order has been notified to the defendant.

The court order granting the request filed under section 254 (2)  may  be  executed against the defendant immediately even though the defendant has not yet been notified of such  order,  unless  the  court  has  considered  the  circumstances  of  the  case  and  found  it appropriate that the order shall take effect when the defendant has been notified of such order.

The court order granting the request filed under section 254 (3) in relation to the property in dispute or the property of the defendant shall take effect immediately even though the registrar, competent authority or any other person who is competent under law has not yet been notified of such order, unless the court has considered the circumstances of the case and found it appropriate that the order shall take effect when such person has been notified of such order.

The court order granting the request filed under section 254 (3) in relation to the act complained of shall apply to the registrar, competent authority or any other person who is competent under law only when such person has been notified of such order.

A warrant of arrest against the defendant issued by the court under the request filed under section 254 (4) may be executed throughout the Kingdom. The period of a detention under this warrant of arrest shall not exceed six months from the date of arrest.

Section 258 bis.257 Any creation, transfer or alteration of rights in the property in dispute or the property of the defendant made by the defendant after the court order prohibiting the transfer, sale, removal or disposal issued under the request filed under section 254 (2) has become effective, may not be asserted against the plaintiff or an executing officer even though the value of such property exceeds the amount of the obligation and the costs of action and execution and the defendant has disposed of only the portion of the property in excess of such amount.

Any acceptance of registration or alteration of registration or revocation of registration in relation to the property in dispute or the property of the defendant made by a registrar, competent authority or any other person who is competent under law after the court order issued under the request filed under section 254 (3) has become effective, may not be asserted against the plaintiff or an executing officer, unless the transferee can prove that he or she has received the transfer, in good faith for value, before the  registrar,  competent authority or any other person who is competent under law has been notified of such order.

Any acceptance of registration or alteration of registration or revocation of registration in relation to the act complained of made by a registrar, competent authority or any other person who is competent under law after such person has been notified of the court order issued under the request filed under section 254 (3), shall not yet have legal effect during the application of interim relief.

Section 259. 258 The provisions of Title II of this Book governing execution of judgements or orders shall apply, mutatis mutandis, to interim relief.

Section 260.259 In the case where a judgement or order adjudicating a case does not mention the interim relief ordered by the court during trial:

1. if in such case the court has decided that the defendant wins  the case in its entirety or in part, the order of the court concerning interim relief pertaining to such part shall be deemed to be cancelled after seven days have elapsed from the date of issuance of the court’s judgement or order, unless the plaintiff has filed an ex parte request with the court of first instance within such period of time, stating that he or she intends to file an appeal or petition against such judgement or order and that there is reasonable cause for the court to issue an order for such interim relief to continue to take effect. In this case, if the court of first instance orders to dismiss the plaintiff’s request, the order of the court shall be final. If the court of first instance issues an order for the interim relief to continue to take effect, the order of the court of first instance shall continue to take effect until expiration of the period of time for the filing of an appeal or petition or until the court issues a final order rejecting the appeal or petition, as the case may be. When an appeal or petition has been made, the order of the court of first instance shall continue to take effect until the appeal court or the Supreme Court orders otherwise;
2. if in such case the court has decided that the plaintiff wins the case, the order of the court concerning interim relief shall continue to take effect insofar as necessary for compliance with the judgement or order of the court.

Section 261.260 A defendant or third party who has been served with a writ of seizure, a writ of attachment or an order under section 254 (1), (2) or (3) or who will be injured by such writ of seizure, writ of attachment or order, may make a request to the court for the withdrawal of the writ, the revocation of the order, or the modification of the order or the writ of seizure or writ of attachment issued under such order. However, if such third party requests for the release of the seized property or objects to the order of attachment, section 323 or section 325, as the case may be, shall apply, mutatis mutandis.261

A defendant subject to the order of arrest issued by the court under section 254 (4) may make a request to the court for the revocation of the order or the withdrawal of the writ or for unconditional acquittal or provisional acquittal with security in an amount as the court sees fit.

If it appears that the measure prescribed in section 254 is not sufficiently reasonable or there is any other reasonable cause, the court may issue an order granting the request or issue any other order as it sees fit in the interest of justice. The court may require the applicant to deposit a sum of money with the court or furnish a guarantee in an amount and within a period of time as it sees fit or prescribe any conditions as it sees fit; provided, however, that in the case where money is claimed, the court shall not require a guarantee in excess of the amount of money claimed, including costs.

Section 262.262 If the facts or circumstances based on which the court issues an order granting the request for any interim relief have changed, the court before which such case is pending, when it sees fit or upon the request by the defendant or a third party as provided in section 261, may issue an order amending or cancelling such interim relief.

During the time commencing from the court of first instance’s or the appeal court’s pronouncement of its judgement or order adjudicating the case or deciding the appeal until the time at which the court of first instance has forwarded the file of the case being appealed or petitioned to the appeal court or the Supreme Court, as the case may be, the request under this section shall be filed with the court of first instance, and the court of first instance shall have the power to issue an order for such request.

Section 263.263 In the case where the court issues an order granting the request for any interim relief under this Title, the defendant who is subject to such measure may file a request with the court of first instance within thirty days from the date of judgement of the court issuing the order for such interim relief, for the court to order the plaintiff to pay compensation to him or her in the following cases:

1. In such case, the court decides that the plaintiff is the losing party and it appears that the court issues such order because it believes by mistake, due to the applicant’s fault or negligence, that the applicant’s claim is founded;
2. If, irrespective of whether in such case the plaintiff is adjudicated by the court to win or lose the case, it appears that the court issues such order because it believes by mistake, due to the applicant’s fault or negligence, that such measure is sufficiently reasonable.

Upon receiving the request under paragraph one, the court shall have the power to order to separate the trial thereof from the original case, and when the court has conducted an examination and found that such request is admissible, it shall issue an order for the plaintiff to pay compensation to the defendant in an amount as the court sees fit. If the court issuing the order for interim relief is an appeal or the Supreme Court, after the court of first instance has completed the examination, it shall send the file to the appeal court or the Supreme Court, as the case may be, for such court to give an order for such request. If the plaintiff fails to comply with the court order, the court shall have the power to enforce the plaintiff as if he or she were a judgement debtor. However, in the case where the court issues an order for the plaintiff to pay compensation under (1), such execution shall be stayed until the court issues a final judgement directing the plaintiff to lose the case.

The order of the court of first instance or the appeal court under paragraph two may be appealed or petitioned in accordance with the provisions governing appeal or petition.

Section 264.264 In addition to the cases provided in section 253 and section 254, parties shall be entitled to file a request with the court for issuance of an order prescribing measures for the protection of the interest of the applicant during trial or for the enforcement of a judgement, such as the deposit with a court or a third party of the property or money in dispute or the appointment of a property administrator or custodian of the firm carrying out the business in dispute or the placement of an incapacitated person under the guardianship of a third party.

The request under paragraph one shall be governed by section 21, section 25, section 227, section 228, section 260 and section 262.

Section 265.265 In the case where the court accepts a guarantee by a person as provided by this Code and such person behaves in a manner likely to cause disadvantages to the plaintiff or to avoid, obstruct or delay the performance of his or her duty, the provisions of this Chapter shall apply, mutatis mutandis.

Unofficial Translation Chaninat and Leeds Ltd. Thailand Divorce Attorneys

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