Thailand Civil Procedure Code Section-296-300
CHAPTER II
EXECUTION IN CASE OF MONEY DEBT
PART I
POWERS OF EXECUTING OFFICERS
Section 296.297 In the case where a judgement or an order of a court requires payment of money, the executing officer shall have the power to carry out execution by the following methods:
- Seizure of property of the judgement debtor;
- Attachment of the judgement debtor’s claims for payment of a sum of money or delivery or transfer of property by a third party;
- Attachment of the judgement debtor’s claims for performance of an obligation other than that mentioned in (2) by a third party;
- Sale by auction or disposal by any other means of property obtained from seizure or attachment or of claims so attached.
In the case where seizure of property or attachment of a claim of a judgement debtor cannot yet be made due to any interruption that prevents immediate seizure or attachment, the executing officer, when he or she discovers by himself or herself or upon the application by the judgement creditor, shall have the power to order prohibiting the judgement debtor from transferring, selling, removing or disposing of such property or claim on a temporary basis in the meantime only to the extent necessary. If a third party has any involvement in such property or claim, the executing officer shall notify such order of prohibition to the person involved. If such property or claim requires registration or has already been registered under law, the executing officer shall notify such order of prohibition to the registrar or the competent authority who is competent to register under the law governing such matter. If the registration has already been made, the registrar or the competent authority shall record the order of the executing officer on the register and the provisions of section 315 (1) and section 320 (1) and (2) shall apply, mutatis mutandis. In the case where there is reasonable cause, the executing officer may issue an order to cancel or alter such order and the provisions of section 261 and section 262 shall apply, mutatis mutandis.
In the case where the interruption has ceased to exist or it is no longer necessary to carry out execution or the judgement creditor fails to perform any act prescribed by the executing officer, the executing officer shall notify the cancellation of such order of prohibition to the persons concerned.
Section 297.298 An executing officer shall have the power to carry out execution against the following properties in the same manner as provided in section 296:
- Community property of a spouse of the judgement debtor, only in the case where the judgement debtor and his or her spouse are joint debtors under section 1490 of the Civil and Commercial Code, or property of a spouse of the judgement debtor, out of which payment of judgement debts may be enforced under law;
- Property of other persons, out of which payment of judgement debts may be enforced under law.
The provisions of Title II of this Book regarding execution against property of a judgement debtor shall apply, mutatis mutandis, to the execution of property of the persons under this section.
Section 298.299 In the case where property or a claim alleged by a judgement creditor to belong to the judgement debtor is under the name of another person registered as the owner or is owned by another person as appearing from other evidence, if the executing officer doubts that the property or claim belongs to the judgement debtor and refuses to seize or attach it and if the judgement creditor insists on the seizure or attachment thereof, the executing officer may seize such property or attach such claim or may order to stay the seizure or attachment. In the case of ordering the stay, the executing officer shall issue an order of prohibition of transfer, sale, removal, disposal, destruction, impairment or change of the rights in such property or claim in the meantime.
The order of prohibition of the executing officer under paragraph one shall take effect immediately, and the executing officer shall promptly notify such order of prohibition to the judgement debtor and the person whose name is indicated on the register or by other evidence as an owner of the property or claim. In the case where such property requires registration or has already been registered under law, the executing officer shall also notify such order of prohibition to the registrar or the competent authority who is competent to register under the law governing such matter. If the registration has already been made, the registrar or the competent authority shall record the order of the executing officer on the register, and the provisions of section 315 (1) and section 320 (1) shall apply, mutatis mutandis.
The judgement creditor may, within fifteen days from the date on which the executing officer issues an order to stay the seizure or attachment under paragraph one, file a motion
with the court for the court to order the executing officer to seize the property or attach the claim. In such case, the court shall serve a copy of the motion on the executing officer and the person whose name is indicated on the register or by other evidence as an owner of the property or claim, and such person may raise an objection to the property or claim belonging to the judgement debtor by filing the objection with the court within fifteen days from the date of receipt of a copy of the motion, and the provision of section 323 or section 325 , as the case may be, shall apply, mutatis mutandis, provided that if the court has already issued an order to seize the property or to attach the claim, the person filing the objection under this paragraph may not exercise the right under section 323 or section 325, as the case may be.
In the case where the judgement creditor does not file the motion within the time period under paragraph three or the court issues an order dismissing such motion or where the court issues an order granting the motion under paragraph three but the judgement creditor fails to carry out execution against such property or claim within fifteen days from the date of the court’s issuance of the order, the order of prohibition under paragraph one shall be cancelled and the executing officer shall notify the cancellation of such order of prohibition to the persons under paragraph two.
Section 299.300 In the case where the executing officer issues the order of prohibition under section 298 , paragraph one, the person whose name is indicated on the register or by other evidence as an owner of the property or claim or a person who has an interest in such property or claim may apply to the executing officer for revocation of such order of prohibition by depositing a sum of money or furnishing a guarantee in place of the property or claim. If the executing officer is satisfied with the money or guarantee, he or she shall revoke such order of prohibition and accept the money or guarantee.
In the case where the executing officer does not revoke the order of prohibition under paragraph one, the applicant may, within fifteen days from the date of acknowledgement of the order of the executing officer, file a motion with the court for revocation of the order of prohibition by either depositing a sum of money or furnishing a guarantee. The court shall serve a copy of the motion on the executing officer and the judgement creditor in order to conduct an examination as a matter of urgency. The order of the court shall be final.
In the case where the court issues an order to seize property or attach a claim under section 298, paragraph three, if the property cannot be seized or the claim cannot be attached but a sum of money is deposited or a guarantee is furnished in place of such property or
claim, the judgement creditor may request the court to carry out execution against the money or guarantee so received or against the bailor without instituting a new legal action.
In the case where the judgement creditor does not file the motion or the court issues an order dismissing the motion under section 298, paragraph three, the executing officer shall return the money or guarantee received to the person depositing the money or furnishing the guarantee, or terminate the guarantee.
Section 300.301 Unless otherwise provided by law or by order of the court, no executing officer may seize property or attach claims of a judgement debtor or sell by auction or dispose of by any other means property or claims obtained from seizure or attachment in excess of what is sufficient to satisfy the obligation to the judgement creditor, including costs and execution costs.
In the case where it is necessary to seize any property or attach any claim having the value higher than what is sufficient to satisfy the obligation to the judgement creditor, if such property or claim, by nature, can be divided for the purpose of seizure or attachment without causing any damage, the executing officer shall have the power to divide any certain part of the property or claim or its ownership for the purpose of seizure or attachment only to the extent sufficient to satisfy the obligation to the judgement creditor, including costs and execution costs.
A person interested in the execution may object to the order or the action under paragraph one or paragraph two of the executing officer by filing a motion with the court before the date of the sale by auction or disposal by any other means but no later than fifteen days from the date of acknowledgement of the order or the action. The order of the court shall be final.
Unofficial Translation Chaninat and Leeds Ltd. Thailand Child Abduction Attorneys
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