Thailand Civil Procedure Code Section-278-286
PART VI
GENERAL POWER OF EXECUTING OFFICERS
Section 278.279 When a court has issued a writ of execution appointing an executing officer, the executing officer shall have power in the capacity of a court officer to carry out execution as prescribed by the court in the writ of execution and in accordance with the provisions of Title II of this Book, and may request assistance from the judgement creditor. An order of the executing officer issued in the course of execution must also mention or set forth the reasons.
The executing officer shall have power in the capacity of a representative of the judgement creditor to receive performance or property deposited by the judgement debtor or third parties, and to issue a receipt thereof.
Money deposited by the judgement debtor or a third party which is not resulted from seizure or attachment shall be paid to satisfy the obligation to the judgement creditor who requests execution, unless there has been any creditor requesting distribution under section 326 at the time of the deposit of such money, in which case such money shall be deemed to be money seized or attached under the provisions of Title II of this Book, but execution fees shall be exempted.
The executing officer shall prepare and keep in safe custody records of all measures of execution carried out by him or her, and report to the court from time to time.
In the performance of duties of an executing officer, the executing officer may assign any other person to perform the duties on his or her behalf, in accordance with the qualifications, criteria, procedures and conditions prescribed in Ministerial Regulations.
The executing officer’s fees shall be deducted in accordance with Schedule V annexed to this Code for payment, as considered by the Legal Execution Department, as remuneration of the person assigned under paragraph five without being remitted to the Treasury as State revenue, as prescribed by the Minister of Justice with the approval of the Ministry of Finance.
Section 279.280 An executing officer shall keep in safe custody any monies, property and documents obtained under his or her competence and shall have the power to prevent any person from unlawfully interfering with such monies, property or documents, as well as shall have the power to follow and recover such monies, property or documents from any person not entitled to retain it.
In carrying out the actions under paragraph one, when necessary, the executing officer shall have the power to inform an administrative or police official for assistance. In this case, the administrative or police official shall have the power to arrest and keep in custody the person interfering or the person not entitled to retain under paragraph one to the extent necessary for the performance of duties of the executing officer.
Section 280.281 An executing officer shall have the power to serve documents in relation to execution of judgements or orders in accordance with the provisions of Title II of this Book, and the report on service of such documents shall also be included in the execution file. The provisions of section 68, section 73, section 74, section 76, section 77, section 78 and section 80 shall apply, mutatis mutandis.
In addition to the service of documents under paragraph one, an executing officer shall have the power to order the service to be made by mail with return receipt requested or by domestic express mail, provided that the person obligated to procure service shall be responsible for the expense. In such case, it shall be deemed that the document served by a postal official has the same effect as if it is served by an executing officer and the provisions of section 74, section 76 and section 77 shall apply, mutatis mutandis.
If service of documents cannot be made as provided by paragraph one and paragraph two, the executing officer shall have the power to order the service to be made by any other substitute method, namely by posting the document at a noticeable place at the domicile or operating office of the person to whom the document is directed, or by depositing it with an administrative or police official and posting a notice of such deposit, or by advertising it, or by any other means as he or she sees fit. The service shall become effective when fifteen days or a longer period as the executing officer sees fit to prescribe has elapsed from the date on which the document or the notice of deposit has been posted or the advertisement or any other method of service as ordered by the executing officer has been made or has begun.
In the case of service of a document on a party or a third party at his or her domicile or operating office outside the Kingdom, if there is no international agreement to which Thailand is a party stating otherwise, the executing officer shall have the power to order for the service to be made by international express mail or via international courier service or through the Ministry of Justice and the Ministry of Foreign Affairs. If the service is not possible because the domicile or operating office of such person cannot be found or because of any other reasons, or when the service has been made to the party or third party but the outcome of the service cannot be ascertained, the executing officer, if he or she sees fit, shall have the power to order for the service to be made by any other substitute method, namely by posting the document at a noticeable place at the office of the executing officer, or by advertising it, or by any other means as he or she sees fit.
Section 281.282 An executing officer shall carry out execution on normal working days during the period from sunrise to sunset. If the execution is not completed and it is necessary and proper, it may continue to take place during the period after sunset.
In the case where it is necessary and proper, the court may allow execution to be carried out outside normal working days or during the period after sunset.
In carrying out execution against a judgement debtor, the executing officer shall show the writ of execution to the judgement debtor or the person who possesses or takes custody of the property subject to execution. If such person is not present or the writ of execution cannot be shown to such person for any reason, the executing officer shall post a copy of the writ of execution at a noticeable place at the place where the execution is carried out. In such case, it shall be deemed that the writ of execution has been shown to such person.
Section 282.283 In the case where there is reasonable cause to believe that property of a judgement debtor or any account, document, letter or any other object in relation to property or business of the judgement debtor is in any place occupied by the judgement debtor or jointly occupied by the judgement debtor with another person, the executing officer shall have the power to search such place as well as shall have the power to inspect and seize for inspection any accounts, documents, letters or any other objects in relation to property or business of the judgement debtor and also the power to carry out any act necessary to open such place, including safes, cabinets or other receptacles.
Section 283.284 In the case where there is reasonable cause to believe that property of a judgement debtor or any account, document, letter or any other object in relation to property or business of the judgement debtor is in a particular place occupied by other person, the judgement creditor may file an ex parte request in the form of a motion with the court for issuance of a search warrant for such place. Upon receiving such motion, the court shall conduct an examination without delay. If the court is satisfied by the evidence adduced by the judgement creditor or called by the court itself that there is reasonable cause to so believe, the court shall have the power to issue a search warrant with respect to such place for the executing officer to inspect and seize the property or articles within the scope and under the conditions as the court thinks necessary. If the court issues an order dismissing such request, such order shall be final.
Section 284.285 An executing officer shall have the power to act to the extent necessary and proper to the circumstances in order to enforce execution. In the case of obstruction by any person or there is reasonable cause to believe that there will be an obstruction by any person, the executing officer shall have the power to inform an administrative or police official for assistance. In this regard, the administrative or police official shall have the power to arrest and keep in custody the person causing the obstruction to the extent necessary for the performance of duties of the executing officer.
Section 285.286 The liability for torts under the Civil and Commercial Code to a judgement debtor or third party for the damages arising from or in connection with seizure, attachment or sale of property which is wrongful or beyond necessity for execution or arising from or in connection with a wrongful execution in other cases, shall not be borne by the executing officer, but by the judgement creditor, unless the executing officer has acted in violation of the provisions of this Code.
In the case where the liability is borne by the executing officer under paragraph one and it is the matter of a liability for torts of officials in the performance of their duty, the exercise of the right to bring a case to a court under the law governing liability for torts of officials or other laws by any person shall be under the power of courts of justice.
If an executing officer fails to seize property required to be seized or attach a claim required to be attached or fails to sell property or fails to carry out execution in other cases or fails to perform such act within a reasonable period of time, willfully or without diligence or by collusion and conniving with the judgement debtor, to the injury of the judgement creditor, the provision of paragraph two shall apply, mutatis mutandis.
Section 286.287 In the case where there is law providing that the provisions of the Civil Procedure Code shall apply, mutatis mutandis, to execution of a judgement or order of any other court than courts of justice, the term “court of justice” under section 285, paragraph two shall mean such court.
Unofficial Translation Chaninat and Leeds Ltd. Thailand Divorce Lawyers
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