Thailand Civil Procedure Code Section-295
PART X
REVOCATION OR RECTIFICATION OF IRREGULAR EXECUTION PROCEEDINGS
Section 295.296 In the case where a decree, a writ of execution or a court order in the stage of execution is defective or erroneous or in violation of law and for the purpose of justice it is necessary to revoke or rectify such decree, writ of execution or order, when the court sees fit at any time prior to completion of the execution or when an executing officer reports to the court or when the judgement creditor, the judgement debtor or a third party interested in the execution, who suffers damage as a result thereof, files the motion with the court, the court shall have the power to order revocation or rectification of such decree, writ of execution or order, in whole or in part, or to issue any order as it sees fit.
Subject to section 331, paragraph three, if an executing officer carries out execution in a defective or erroneous manner or in violation of law, when the court sees fit at any time prior to completion of the execution or when the judgement creditor, the judgement debtor or a third party interested in the execution, who suffers damage as a result thereof, files the motion with the court, the court shall have the power to order revocation or rectification of the entire execution proceedings or any particular measure of execution or to issue an order prescribing any measure for the executing officer as it sees fit.
The filing of the motion under paragraph one or paragraph two may be made at any time prior to completion of the execution but no later than fifteen days from the date on which the facts or circumstances upon which such allegation is grounded are known, provided that the person filing the motion has not taken any new step after such defect, error or violation has become known to him or her, nor has he or she ratified such act. In this case, the person filing the motion may, at the same occasion, request the court to issue an order to stay execution pending the decision.
For the purpose of this section, execution shall be deemed to be completed upon performance of the following:
- In the case where a decree requires delivery of property or performance of or abstinence from performing any act, when the delivery of property or the performance of or abstinence from performing the act under such decree has been complied w However, in the case where the compliance with such decree can be divided into several parts, when any of such parts has been carried out, the execution shall be deemed to be completed only with respect to that part.
- In the case where a decree requires payment of money, when an executing officer has paid a sum of money in accordance with section 339, section 340, section 342, section 343 or section 344, as the case may However, if there are several properties subject to execution, when an executing officer has paid money derived from the sale by auction of any particular property, the execution shall be deemed to be completed only with respect to that particular property.
In the filing of the motion with the court under paragraph one or paragraph two, if there is preliminary evidence showing that such motion is not founded and filed to delay the procedure, the court shall have the power to order the person filing the motion to deposit a sum of money or furnish a guarantee to the court in an amount and within a period of time as the court sees fit, to secure the payment of compensation to the judgement creditor or the interested person for damages that may be suffered by him or her as a result of the filing of the motion. If the person filing the motion fails to comply with the court order, the court shall issue an order dismissing such motion. 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 issued under this paragraph shall be final.
In the case where the court issues an order dismissing the motion filed under paragraph one or paragraph two, if the person injured as a result of the filing of such motion is of the opinion that such motion is not founded and filed to delay the procedure, such person may, within thirty days from the date of issuance of the order of dismissal, file a motion with the court for an order for the person filing such motion to pay compensation. 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 filing the motion to pay compensation to such injured person in an amount as it sees fit. If the person filing the motion 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 Attorneys
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