Thailand Civil Procedure Code Section-301-302

PART II

PROPERTY NOT LIABLE TO EXECUTION

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Section 301.302  The following properties of a judgement debtor shall not be liable to execution:

1. Wearing apparel and bedding, household equipment or personal equipment, having the approximate value not exceeding twenty thousand baht in aggregate for each category; provided, however, that in the case where the executing officer sees fit, he or she may prescribe that any such category of properties having the value exceeding twenty thousand baht in aggregate shall not be liable to execution, taking into account the necessity according to the condition of the judgement debtor;
2. Animals, articles, instruments and equipment for the engagement of occupation or profession to the extent necessary for earning the living of the judgement debtor, having the approximate value not exceeding one hundred thousand baht in aggregate; provided, however, that if it is necessary for earning the living of the judgement debtor, the judgement debtor may apply to the executing officer for permission to use animals, articles, instruments or equipment to the extent necessary for the engagement of occupation or profession in his or her business having the value in aggregate exceeding such determined amount. In this case, the executing officer shall have the power to exercise his or her discretion to grant or not to grant such permission to the extent of necessity subject to any conditions as he or she sees fit;
3. Animals, articles, equipment and devices necessary to aid or substitute an organ of the judgement debtor;
4. Properties of the judgement debtor which, by nature, are genuinely personal, such as books specifically for his or her lineage, letters or books of account;
5. Any property which is not transferable or is not liable to execution by law.

With respect to the property or the value of property determined by the executing officer under paragraph one, the judgement debtor or the judgement creditor may apply to the executing officer for issuance of an order of redetermination. The judgement debtor or the judgement creditor may apply to the court to object to such order of the executing officer within fifteen days from the date of acknowledgement of such order. In this case, the court shall issue an order as it sees fit.

In  the  case  where  the  circumstances  have  changed,  the  judgement  debtor  or  the judgement creditor may file a motion with the court for issuance of an order to change the property or the value of property previously determined by the court.

The benefit of exemption provided in this section shall extend to properties under paragraph one which belong to a spouse of the judgement debtor or to other persons, out of which payment of judgement debts may be enforced under law;

Section 302.303   Subject to the provisions of other laws, the following monies or monetary claims of a judgement debtor shall not be liable to execution:

1. Maintenance allowance prescribed by law, and periodical income given by a third party for maintenance in an amount not exceeding twenty thousand baht per month or the amount as the executing officer sees fit;
2. Salaries, wages, pensions, gratuities, military pensions or other incomes of the same nature of public officials, officials or employees of a government agency, and supportable monies, pensions or gratuities paid by a government agency to their surviving spouse or relatives;
3. Salaries, wages, pensions, recompense, supportable monies or other incomes of the same nature of staff members, employees or workers other than those mentioned in (2) paid by  the  employer  or  any  other  person  to  those  persons  or  their  surviving  spouse  or relatives, in an amount not exceeding twenty thousand baht per month in aggregate or the amount as the executing officer sees fit;
4. Gratuities or severance pay or other incomes of the same nature of the person under (3) in an amount not exceeding three hundred thousand baht or the amount as the executing officer sees fit;
5. Funeral supportable monies received by the judgement debtor due to the death of another person in an amount necessary to carry out the cremation according to the status of the deceased as the executing officer sees fit.

In the case where the executing officer determines the amount of money under (1), (3) and (4), the executing officer shall also take into account the family status of the judgement debtor and the number of ascendants and descendants maintained by the judgement deb In the cases of (1) and (3), the executing officer shall determine the amount to not less than the minimum salary rate of civil servants at that time and not more than the maximum salary rate of civil servants at that time.

If the judgement creditor, the judgement debtor or a third party who has an interest in execution does not agree with the amount of money determined by the executing officer, such person may, within fifteen days from the date of acknowledgement of the determination of such amount, file a motion with the court for redetermination of the amount of money.

In the case where the circumstances of the subsistence of the judgement debtor have changed, the person under paragraph three may file a motion with the court or the executing officer, as the case may be, for redetermination of the amount of money under (1) and (3).

Unofficial Translation Chaninat and Leeds Ltd. Thailand Personal Injury and Accident Lawyers

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