Thailand Civil Procedure Code Section-303-315

PART III

SEIZURE OF PROPERTY

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Section 303.304 Seizure of tangible movable property of a judgement debtor shall be effected by an executing officer by:

1. taking such property into his or her custody or depositing it at any place or with any person as he or she sees fit or assigning it to be in custody of the judgement debtor with consent of the judgement creditor;
2. notifying the list of the property seized to the judgement debtor and the person who possesses or takes custody of such propert If the notification cannot be made, a notice of the list of the property seized shall be posted at the place where the seizure took place or the notification shall be made by any other method as the executing officer sees fit;
3. making the seizure of such property manifest by the affixing of seals or by any other method as the executing officer sees

Section 304.305 Seizure of a ship, floating house, beast of burden or other tangible movable property of a judgement debtor, which requires registration of ownership or whose ownership has already been registered under law shall be effected by an executing officer by:

1. complying with the procedure provided in section 303;
2. notifying the registrar or the competent authority who is  competent  to  register under the law governing such matter, and If the registration has already  been  made,  the registrar or the competent authority shall record such seizure on the register.

Section 305.306 Seizure of securities under the law governing securities and exchange of a judgement debtor shall be effected by an executing officer by the following:

1. In the case where the instrument has not yet been issued, the executing officer shall notify the list and the number of the securities seized to the judgement debtor and the securities issuer, and when the seizure of such securities has been completed, the executing officer shall order the securities issuer to issue and deliver the instrument to the executing officer.
2. In the case where the instrument has already been issued, the executing officer shall notify the list and the number of the securities seized to the judgement debtor, the securities issuer and the securities possessors to the extent known, as well as persons obliged to perform an obligation under such instrument, and when the seizure of such securities has been completed, the executing officer shall take such instrument in his or her custody, if possible.
3. In the case of securities deposited with the Securities Depository Centre under the law governing securities and exchange, the executing officer shall notify the list and the number of the securities seized to the judgement debtor, the securities issuer, the securities depositary and the Securities Depository Centre under the law governing securities and exchange, for complying with the notification of the executing officer.
4. In the case of scrip less securities, the executing officer shall notify the list and the number of the securities seized to the judgement debtor and the securities issuer for complying with the notification of the executing officer.

In the case where the notification to the person under paragraph one cannot be made, a notice of the list and the number of the securities seized shall be posted at a noticeable place at the domicile or operating office of such person or the notification shall be made by any other method as the executing officer sees fit, and the notification shall become effective from the time at which such notice has been posted or any other method of notification as the executing officer sees fit has been made or has begun.

Section 306.307 In seizure of a bill or any other negotiable instrument of a judgement debtor, the provisions of section 305, paragraph one (2) and paragraph two shall apply, mutatis mutandis, and the seizure shall also take effect as attachment of claims under such bill or instrument.

The executing officer may, if he or she sees fit, apply to the court for issuance of an order granting permission for disposal of such bill or instrument at its face value or at such lower value as the court sees fit. If the court orders dismissal of the motion, such bill or instrument shall be sold by auction.

Section 307.308 Seizure of shares of a judgement debtor who is a partner with limited liability in a limited partnership or a shareholder in a limited company shall be effected by an executing officer by:

1. notifying the seizure to the judgement debtor and the limited partnership or limited company in which the judgement debtor is a partner or sha If the notification cannot be made, the procedure provided in section 305, paragraph two shall be complied with;
2. notifying the registrar of such partnership or company to record the seizure on the

Section 308.309 Seizure of a judgement debtor’s patent right, trademark right or other rights of a similar nature or in connection with such rights, which have already been registered or listed, shall be effected by an executing officer by:

1. notifying the list of the rights seized to the judgement deb If the notification cannot be made, the procedure provided in section 305, paragraph two shall be complied with;
2. notifying the registrar or the competent authority who is competent to register under the law governing such matter to record the seizure on the register.

Section 309.310 Seizure of a judgement debtor’s trademark right which has not been registered, copyright, right to apply for a patent right, right in trade name or brand or other rights of a similar nature or in connection with such rights shall be effected by an executing officer by notifying the list of the rights seized to the judgement debtor. If the notification cannot be made, the procedure provided in section 305, paragraph two shall be complied with.

Section 310.311 Seizure of a judgement debtor’s right to rent or take on lease property or right to services which may be of value and capable of appropriation, such as telephone or telecommunication services or any other services which may be received from property or service of other persons shall be effected by an executing officer by:

1. notifying the list of the rights seized to the judgement debtor and the lessor or service provider, as the case may If the notification cannot be made, the procedure provided in section 305, paragraph two shall be complied with;
2. in the case where such rent or lease of property or such provision of service has been registered, notifying the registrar or  the competent  authority who  is  competent  under the law governing such matter to record the seizure on the

Section 311.312 Seizure of a judgement debtor’s right under a license, patent permit, prospecting license, concession or other rights of a similar nature or in connection with such rights shall be effected by an executing officer by:

1. notifying the list of the rights seized to the judgement deb If the notification cannot be made, the procedure provided in section 305, paragraph two shall be complied with;
2. notifying the registrar or the competent authority who is competent under the law governing such matter to record the seizure on the register.

Section 312.313   Seizure of immovable property of a judgement debtor shall be effected by an executing officer by:

1. taking the document of right of such property into his or her custody or depositing it with any person as he or she sees fit, unless the document of right has not yet been issued or it cannot be obtained;
2. making the seizure of such property manifest by the posting of a notice on such property;
3. notifying the list of the property seized to the following persons:

(a) the judgement debtor;

(b) other person whose name is indicated on the register as an owner of such property;

(c) the competent land official or the competent authority who is competent to register rights and juristic acts in relation to such property. If such property is on the register, the competent land official or competent authority shall record the seizure on the register.

In the case where the notification cannot be made under paragraph one (3) (a) or (b), a notice of the list of the property seized shall be posted at a noticeable place at the domicile or operating office of such person or the notification shall be made by any other method as the executing officer sees fit, and the notification shall become effective from the time at which such notice has been posted or any other method of notification as the executing officer sees fit has been made or has begun.

Notification of the seizure to the judgement debtor and the competent land official or the competent authority who is competent to register rights and juristic acts in relation to the property shall be deemed to be seizure according to law.

Section 313.314 Seizure of a real right in relation to immovable property shall be effected by an executing officer by complying with the procedure provided in section 312, mutatis mutandis.

Section 314.315 The effect of seizure of tangible movable property of a judgement debtor shall extend to the natural fruits and legal fruits of such property.

The effect of seizure of immovable property of a judgement debtor shall extend to:

1. accessories and legal fruits of such property;
2. natural fruits of such property which the judgement debtor has the right to harvest, provided that a notice has been made or posted at the time of seizure by the executing officer to inform the judgement debtor or the person who possesses or takes custody of such property that such fruits have also been seized.

Section 315.316  Seizure of property of a judgement debtor shall have the following

1. Any creation, transfer or alteration of rights in the property seized made by the judgement debtor after the seizure has taken place may not be asserted against the judgement creditor or an executing officer even though the value of such property exceeds the amount of judgement debts, including costs and execution costs and the judgement debtor has carried out such act only with respect to the portion of the seized property in excess of such amount.
2. If the judgement debtor has been assigned to take custody of the seized property, the judgement debtor shall be entitled to reasonable use of such property However, if the executing officer, upon his or her own discretion or upon the application of the judgement creditor or any person interested in execution against such property, views that the judgement debtor will cause damage or is likely to cause damage to such property, the executing  officer  may  take  custody  of  such  property  by  himself  or  herself  or  appoint  any person to take custody of it.

Unofficial Translation Chaninat and Leeds Ltd.  Thailand Employment Law Attorneys

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