Thailand Civil Procedure Code Section-331-335
PART VIII
SALE OR DISPOSAL
Section 331.332 Subject to section 332 and section 336, when property of a judgement debtor has been seized or his or her claim has been attached, in whole or in part, or property under an attached claim has been delivered to the executing officer, if there is no reasonable cause to stay the execution, the executing officer shall conduct a sale by auction of such property or claim in accordance with the Civil and Commercial Code and Ministerial Regulations governing such matter or as prescribed by an order of the court, or a sale by electronic means as prescribed by Ministerial Regulations.
Before the sale by auction of the property or claim under paragraph one has taken place, the executing officer must notify the date, time and place where the sale by auction is to be conducted to all persons interested in the execution as appearing in the register or otherwise. The sale by auction may be conducted on holidays or at any time outside normal working hours, provided that such prescribed date and time shall not be earlier than sixty days from the date of seizure, attachment or delivery of the property.
In order to ensure fairness in the sale by auction, the persons interested in the execution shall be fully entitled to make a bid themselves or procure other persons to make a bid at any price they desire. When the executing officer knocks down the hammer for sale to the bidder who offers the highest price, no persons interested in the execution may raise a claim that the price obtained from the sale by auction is unreasonably low as grounds to revoke such sale by auction.
Section 332.333 In the case where any property or claim to be sold or disposed of is of a perishable nature or delay will likely cause risks of loss or incur expenses which exceed the value of such property or claim, the executing officer may immediately sell or dispose of it by a sale by auction or any other method as he or she sees fit.
In the case where the sale or disposal of property seized or delivered according to an order of attachment is rendered difficult or the sale or disposal of a claim is rendered difficult by such performance being dependent on performance in return or by any other reason and the execution may be delayed thereby to the injury of all parties or either party or of any interested person, the executing officer, when he or she sees fit or upon the application of such party or person, may issue an order prescribing the disposal by any other method as he or she sees fit, provided that the person interested in the execution may object to the order or the action of the executing officer by filing a motion with the court within two days from the date of acknowledgement of the order or the action. The order of the court shall be final.
Section 333.334 In carrying out a sale by auction of property of a judgement debtor, the executing officer shall comply with the following:
- In the sale of several properties, they shall be sold one by one successively, provided that:
- the executing officer shall always have the power to group and sell movable properties of small values in lots;
- the executing officer shall have the power to group and sell two or more movable or immovable properties in one lot when it could be expected that the proceeds of the sale will be increased thereby;
- In the sale of immovable property which may be divided into lots, the executing officer shall have the power to sell it by lots when it could be expected that the proceeds of the sale of some of the lots will be sufficient for the execution or that the total proceeds will be increased thereby;
- In the sale of several properties, the executing officer shall have the power to prescribe the order in which they are to be
A person having an interest in execution against the properties to be sold may apply to the executing officer for grouping or dividing them or for selling them in a prescribed order, or apply for objection to the order of the executing officer given under paragraph one. The filing of the motion under this section shall be made before the date of the sale by auction but no later than three days from the date on which the sale method is known. In the case where the executing officer refuses to comply with such application or objection, the applicant may, within two days from the date of such refusal, file with the court a motion for an order adjudicating the matter. The order of the court shall be final, and the executing officer shall postpone the sale until the court has issued the order or until the period of time for referring the matter to court has expired.
Section 334.335 When the executing officer has transferred sold immovable property to the buyer, if the judgement debtor or his or her dependent resides in such transferred property and refuses to leave the immovable property, the buyer shall be entitled to file an ex parte request with the court within whose jurisdiction the immovable property is situated for issuance of a writ of execution to compel the judgement debtor or his or her dependent to leave such immovable property. In this regard, the provisions of section 271, section 278, paragraph one, section 351, section 352, section 353, paragraph one (1) and paragraph two, section 354, section 361, section 362, section 363 and section 364 shall apply, mutatis mutandis. It shall be deemed that the buyer is a judgement creditor and the judgement debtor or his or her dependent residing in such immovable property is a judgement debtor under the aforesaid provisions.
Section 335.336 When property required by law to have registration has been sold by auction, the executing officer shall notify the registrar, competent authority or any other person who is competent under law to alter the registration of such property for the buyer.
If the property to be sold by auction is an apartment under the law governing condominiums, before conducting the sale by auction, the executing officer shall notify the condominium juristic person to, within thirty days from the date of receipt of the notification, notify the debt items required to be paid for the purpose of issuance of the certificate of debt-free status under the law governing condominiums to the executing officer. After the property has been sold by auction, the executing officer shall reserve the amount of money out of the proceeds derived from the sale by auction for payment of such outstanding debts calculated up to the date of the sale by auction to the condominium juristic person before the mortgage creditor, and the competent authority shall register the transfer of ownership for the buyer without the certificate of debt-free status being required.
If the condominium juristic person does not notify the items of outstanding debts to the executing officer within the time period prescribed in paragraph two or notifies that there is no outstanding debt, the competent authority shall register the transfer of ownership for the buyer without the certificate of debt-free status being required.
If the property to be sold by auction is developed land under the law governing land development, before conducting the sale by auction, the executing officer shall notify the housing development juristic person to, within thirty days from the date of receipt of the notification, notify the items of the debts of the expense of maintenance and management of the public utilities as well as any fine under the law governing land development to the executing officer. After the property has been sold by auction, the executing officer shall reserve the amount of money out of the proceeds derived from the sale by auction for payment of such outstanding debts calculated up to the date of the sale by auction to the housing development juristic person before the mortgage creditor, and the competent authority shall register the transfer of the land right for the buyer. If there has been any suspension of the registration of rights and juristic acts for such property, such suspension shall be cancelled.
If the housing development juristic person does not notify the items of outstanding debts to the executing officer within the time period prescribed in paragraph four or notifies that there is no outstanding debt, or in the case where a housing development juristic person has not been established, the competent authority shall register the transfer of the land right for the buyer. If there has been any suspension of the registration of rights and juristic acts for such property, such suspension shall be cancelled.
Payment of the money reserved under paragraph two and paragraph four shall be in accordance with the provisions of Part X Preparation of Distribution Accounts and Part XI Arrears of this Chapter.
Unofficial Translation Chaninat and Leeds Ltd. Thailand Attorneys
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