Thailand Civil Procedure Code Section-276
PART IV
CONSIDERATION OF A REQUEST FOR EXECUTION
Section 276.277 Upon request for execution by a judgement creditor, if the court finds that the judgement debtor has acknowledged or is deemed to have acknowledged the decree and the period of time prescribed for the purpose of compliance with the decree has elapsed and the request fully specifies the required particulars, the court shall prescribe measures of execution in accordance with the provisions of this Code and section 213 of the Civil and Commercial Code as follows:
- If the execution must be carried out through an executing officer, the court shall issue a writ of execution appointing an executing officer and notify the executing officer for further proceeding as prescribed by such writ;
- If the execution may be carried out without an executing officer being appointed, the court shall issue an order prescribing the measures as it sees fit insofar as the nature of the execution permits;
- If the request is made to the court for the arrest and detention of the judgement debtor, the proceedings shall continue to be conducted in accordance with the provisions governing such matters.
In a petty case, before a writ of execution is issued, if the court sees fit, it may issue a writ of summons for the judgement debtor or other persons to be inquired about the compliance with the judgement in order to consider whether a writ of execution should be issued or not.
In the case where the person requesting execution requests that any action be taken in connection with the execution, if there is reasonable cause to suspect that execution should not be carried out against any particular property or there is any other reasonable cause for the purpose of protection of a third party who may be injured by such action, the court, before issuing an order granting the request, shall have the power to issue an order for the person requesting execution to deposit a sum of money or furnish a guarantee to the court in an amount and within a period of time as it sees fit, to secure the payment of compensation for damages which may be caused by such action. If the person requesting execution fails to comply with the order of the court, the court shall issue an order dismissing the request for such execution. With respect to the money or guarantee deposited with the court, if the court finds that it is no longer necessary, it may order the refund or the termination of such guarantee. The order of the court under this paragraph shall be final.
In the case of paragraph three, if damage from the execution is caused by a fault or negligence of the person requesting execution, the injured person may, within thirty days from the date on which the execution is carried out, file a motion with the court for an order for the person requesting execution to pay compensation for the damage suffered by him or her. In this case, the court shall have the power to separate the trial thereof from the original case. When the court has conducted an examination and found that such motion is admissible, the court shall issue an order for the person requesting execution to pay compensation in an amount as it sees fit. If such person fails to comply with the court order, the injured person may apply to the court for carrying out execution against such person as if he or she were a judgement debtor.
Unofficial Translation Chaninat and Leeds Ltd. Thailand Child Custody Lawyers
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