Thailand Civil Procedure Code Section-361-365
CHAPTER VII
EXECUTION IN CASE OF REQUEST FOR THE COURT TO ARREST AND DETAIN A JUDGEMENT DEBTOR
Section 361.362 Subject to the provisions of Chapter IV Execution in Case of Eviction, in the case where a judgement debtor willfully disobeys the decree and there is no other measure of execution which can be adopted by the judgement creditor, the judgement creditor may make an ex parte request for the court to issue an order to arrest and detain the judgement debtor.
Upon receiving the request under paragraph one, the court shall consider the request at prompt. If the court is satisfied by the evidence adduced by the judgement creditor or called by the court that the judgement debtor could have complied with the decree if he or she was acting in good faith and there is no other measure of execution which can be adopted by the judgement creditor, the court shall issue a warrant of arrest against the judgement debtor.
If the judgement debtor appears before the court or is arrested and brought to the court but is unable to demonstrate reasonable cause for his or her non-compliance with the decree, the court shall have the power to order detention of the judgement debtor immediately or on any day on which the judgement debtor is still disobedient. If the judgement debtor can demonstrate reasonable cause for his or her non-compliance with the decree or agrees to comply with the decree in all respects, the court may issue an order dismissing the request or issue any other order as it sees fit.
Section 362.363 When the court has issued a warrant of arrest against the judgement debtor under section 361, if the judgement debtor appears before the court or is arrested and brought to the court, the court shall have the power to detain the judgement debtor during the trial of the request until a guarantee or a guarantee and security are furnished as the court sees fit.
In the case of breach of the guarantee contract under paragraph one, the court shall have the power to order enforcement of the entire guarantee contract or any amount of money as the court sees fit without instituting a new legal action against the person entering into the guarantee contract.
Section 363.364 In the case where a court orders to detain a judgement debtor or any person under section 353 or section 361, such person must be detained until a guarantee or a guarantee and security are furnished, in an amount as the court sees fit, to guarantee that he or she consents to comply with the decree in all respects; provided, however, that no period of each detention may exceed six months from the date of the arrest or commencement of the detention, as the case may be.
In the case of breach of the guarantee contract under paragraph one, the provision of section 362, paragraph two shall apply, mutatis mutandis.
Section 364.365 In the case where a court accepts a guarantee by a person and such person willfully obstructs execution or cooperates with the judgement debtor to disobey the decree, the provisions of section 361, section 362 and section 363 shall apply, mutatis mutandis.
Section 365.366 In the arrest and keeping in custody of any person under the provisions of this Title, an administrative or police official under the Criminal Procedure Code shall have the duty to comply with an order or warrant of the court or as informed by the executing officer.
The arrest, keeping in custody or detention of any person under section 279, paragraph two, section 284, section 353, section 361 and section 364 shall not prejudice the right to institute a case for any criminal offence.
Unofficial Translation Chaninat and Leeds Ltd. Thailand Child Abduction Attorneys
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