Book 4 Interim Relief And Enforcement Of Judgements Or Orders
THE CIVIL PROCEDURE CODE B.E. 2477 (1934)

Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
BOOK IV
INTERIM RELIEF AND ENFORCEMENT OF JUDGEMENTS OR ORDERS
TITLE I Interim Relief
- CHAPTER I General Principles (Section 253-265)
- CHAPTER II Emergency Requests (Section 266-270)
TITLE II Execution of Judgements or Orders
- CHAPTER I General Principles
- PART I Courts Competent in Execution (Section 271)
- PART II Decrees (Section 272-273)
- PART III Request for Execution (Section 274-275)
- PART IV Consideration of a Request for Execution (Section 276)
- PART V Request for the Court’s Examination Concerning Business and Property of a Judgement Debtor (Section 277)
- PART VI General Powers of Executing Officers (Section 278-286)
- PART VII Persons Interested in Execution (Section 287-288)
- PART VIII Stay of Execution (Section 289-291)
- PART IX Withdrawal of Execution (Section 292-294)
- PART X Revocation or Rectification of Irregular Execution Proceedings (Section 295)
- CHAPTER II Execution in Case of Money Debt
- PART I Powers of Executing Officers (Section 296-300)
- PART II Property Not Liable to Execution (Section 301-302)
- PART III Seizure of Property (Section 303-315)
- PART IV Attachment of Claims (Section 316-320)
- PART V Request for the Court to Compel a Third Party to Satisfy the Claim (Section 321)
- PART VI Rights of Third Parties and Persons Interested in the Property Subject to Execution (Section 322-325)
- PART VII Request for Distribution and Continuation of Execution (Section 326-330)
- PART VIII Sale or Disposal (Section 331-335)
- PART IX Appointment of Administrator of the Immovable Property or Business in Lieu of Sale or Disposal (Section 336)
- PART X Preparation of Distribution Accounts (Section 337-344)
- PART XI Arrears (Section 345)
- CHAPTER III Execution in Case of Return or Delivery of Specific Things (Section 346-349)
- CHAPTER IV Execution in Case of Eviction (Section 350)
- PART I Execution in Case where a Judgement Debtor is Required to Leave the Immovable Property, Dwelling or Thing in the Possession (Section 351-354)
- PART II Execution in Case where a Judgement Debtor is Required to Demolish Structures, Trees, Emblements or Crops, or to Remove Property out of the Immovable Property, Dwelling or Things in the Possession (Section 355)
- CHAPTER V Execution in Case of Performance or Abstinence from Acts (Section 356)
- PART I Execution in Case of Performance of Acts (Section 357-358)
- PART II Execution in Case of Abstinence from Acts (Section 359)
- CHAPTER VI Execution in Case of Acquisition of Property on the Register (Section 360)
- CHAPTER VII Execution in Case of Request for the Court to Arrest and Detain a Judgement Debtor (Section 361-365)
- CHAPTER VIII Execution in Case where There are Guarantees in Court (Section 366-367)
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
TITLE I – INTERIM RELIEF
CHAPTER I – GENERAL PRINCIPLES
Section 253. If a plaintiff does not have a domicile or operating office in the Kingdom and does not have property which can be subject to execution in the Kingdom or if it is reasonably believed that when a plaintiff loses the case, he or she will avoid paying costs and expenses, the defendant may file a motion with the court at any time before judgement requesting the court to issue an order for the plaintiff to deposit a sum of money with the court or to furnish a guarantee for the payment of such costs and expenses.
If the court, after conducting an examination, finds that there is reasonable cause or believable reason, as the case may be, it shall issue an order for the plaintiff to deposit a sum of money with the court or furnish a guarantee in an amount and within a period of time prescribed and may also prescribe any conditions as it sees fit.
If the plaintiff fails to comply with the court order under paragraph two, the court shall issue an order disposing of the case from the cast list, unless the defendant requests that the trial be proceeded or an appeal is made against the order under paragraph two.
Section 253 bis. In the case where a plaintiff files an appeal or petition against the judgement, if there is any reason under section 253, paragraph one, the defendant may file a motion with the appeal court or the Supreme Court, as the case may be, at any time before judgement requesting the court to issue an order for the plaintiff to deposit a sum of money with the court or furnish a guarantee for the payment of such costs and expenses.
During when the court of first instance has not yet forwarded the file to the appeal court or the Supreme Court, the motion under paragraph one shall be filed with the court of first instance and the court of first instance shall conduct an examination and then forward such motion together with the file to the appeal court or the Supreme Court for order.
The provisions of section 253, paragraph two and paragraph three shall apply, mutatis mutandis, to the court’s consideration at the stage of appeal and petition.
Section 254. In any other case than petty cases, the plaintiff shall be entitled to file with the court together with his or her plaint or at any time before judgement an ex parte request for the court to issue an order, subject to the conditions hereinafter mentioned, to provide the following protective measures:
- To seize or attach the property in dispute or the property of the defendant, in whole or in part, before judgement, including a sum of money or property of third parties due for payment to the defendant;
- The court to issue a provisional injunction prohibiting the defendant from repeating or continuing any wrongful act or breach of contract or act complained of, or issue any other order to redress grievance or damage which may continue to be suffered by the plaintiff as a result of the defendant’s act, or issue a provisional injunction prohibiting the defendant from transferring, selling, removing or disposing of the property in dispute or the property of the defendant, or issue an order to cease or prevent any wasting or damage of such property, until the case has become final or the court orders otherwise;
- The court to issue an order directing the registrar, competent authority or any other person who is competent under law to suspend registration, alteration of registration or revocation of registration in relation to the property in dispute or the property of the defendant or in relation to the act complained of on a temporary basis until the case has become final or until the court orders otherwise, insofar as such act is not in conflict or inconsistent with the provisions of the relevant law;
- To arrest and detain the defendant on a temporary basis.
During the time commencing from the court of first instance’s or the appeal court’s pronouncement of its judgement or order adjudicating the case or deciding the appeal until the time at which the court of first instance has forwarded the file of the case being appealed or petitioned to the appeal court or the Supreme Court, as the case may be, the request under this section shall be filed with the court of first instance. The court of first instance shall have the power to order granting or dismissing such request.
Section 255. In considering granting the request filed under section 254, the court must be satisfied that the plaint is founded and grounded sufficiently for the requested protective measure to be applied, in accordance with the following criteria:
- In the case where the request is filed for the court to issue an order under section 254 (1), the court must be satisfied that:
- the defendant intends to remove the property in dispute or his or her property, in whole or in part, from the jurisdiction of the court or transfer, sell or dispose of such property to delay or obstruct the execution of any decree which may be made against the defendant or to cause disadvantages to the plaintiff; or
- there is any other necessity as the court considers fair and appropriate;
- In the case where the request is filed for the court to issue an order under section 254 (2), the court must be satisfied that:
- the defendant intends to repeat or continue the wrongful act, the breach of contract or the act complained of;
- the plaintiff will continue to suffer trouble and damage as a result of the defendant’s act;
- there will be any wasting or damage of, or any transfer to another person of the property in dispute or the property of the defendant according to circumstances; or
- any event under (1) (a) or (b) arises;
- In the case where the request is filed for the court to issue an order under section 254 (3), the court must be satisfied that:
- it is likely that the defendant will cause registration, alteration of registration or revocation of registration in relation to the property in dispute or the property of the defendant or in relation to the act complained of, which will cause damage to the plaintiff; or
- the event under (1) (b) arises;
- In the case where the request is filed for the court to issue an order under section 254 (4), the court must be satisfied that, for the purpose of delaying or obstructing the trial of the case or the execution of any decree which may be made against the defendant or for the purpose of causing disadvantages to the plaintiff:
- the defendant has concealed his or her presence in order to avoiding receiving a writ of summons or order of the court;
- the defendant has removed from the jurisdiction of the court or concealed any document likely to be used as evidence against the defendant in the case pending trial or the property in dispute or the property of the defendant, in whole or in part, or it is likely that the defendant will dispose of or destroy such document or property; or
- it appears from the defendant’s conduct or the manner in which he or she is carrying out his or her work or business that the defendant will abscond or it is likely that he or she will leave the jurisdiction of the court.
Section 256. In the case where the request is filed for the court to issue an order under section 254 (2) or (3), if the court views that if the defendant is provided with an opportunity to first raise an objection, the plaintiff will not be prejudiced, the court shall notify
the date of hearing together with serving a copy of the request on the defendant through a court officer. The defendant may submit his or her objection at the hearing of such request.
Section 257. The court shall have the power to order granting the request filed under section 254 subject to any scope or any conditions as it sees fit.
In the case where the court issues an order granting the request filed under section 254 (2), the court shall notify such order to the defendant.
In the case where the court issues a provisional injunction prohibiting the defendant from transferring, selling, removing or disposing of the property in dispute or the property of the defendant, the court may determine the method of publication as it sees fit to prevent any defraud.
In the case where the court issues a provisional injunction prohibiting the defendant from transferring, selling, removing or disposing of the property in dispute or the property of the defendant, which is required by law to have registration, or issues an order directing any
registrar, competent authority or any other person who is competent under law to suspend registration, alteration of registration or revocation of registration in relation to such property or in relation to the act complained of, the court shall notify such order to the registrar, competent authority or person competent under law and such person shall record the order of the court in the register.
In any case before the court has issued a writ of seizure, a writ of attachment, a provisional injunction, a warrant of arrest or any order, the court may order the applicant to deposit a sum of money or furnish a guarantee to the court in an amount as it sees fit for the payment of compensation which may be received by the defendant under section 263.
Section 258. The court order granting the request filed under section 254 (1) may be executed against the defendant immediately and the defendant shall be informed of such order without delay. However, the order shall not apply to a third party who can prove that he or she has received the transfer, in good faith for value, before such order has been notified to the defendant.
The court order granting the request filed under section 254 (2) may be executed against the defendant immediately even though the defendant has not yet been notified of such order, unless the court has considered the circumstances of the case and found it appropriate that the order shall take effect when the defendant has been notified of such order.
The court order granting the request filed under section 254 (3) in relation to the property in dispute or the property of the defendant shall take effect immediately even though the registrar, competent authority or any other person who is competent under law has not yet been notified of such order, unless the court has considered the circumstances of the case and found it appropriate that the order shall take effect when such person has been notified of such order.
The court order granting the request filed under section 254 (3) in relation to the act complained of shall apply to the registrar, competent authority or any other person who is competent under law only when such person has been notified of such order.
A warrant of arrest against the defendant issued by the court under the request filed under section 254 (4) may be executed throughout the Kingdom. The period of a detention under this warrant of arrest shall not exceed six months from the date of arrest.
Section 258 bis. Any creation, transfer or alteration of rights in the property in dispute or the property of the defendant made by the defendant after the court order prohibiting the transfer, sale, removal or disposal issued under the request filed under section 254 (2) has become effective, may not be asserted against the plaintiff or an executing officer even though the value of such property exceeds the amount of the obligation and the costs of action and execution and the defendant has disposed of only the portion of the property in excess of such amount.
Any acceptance of registration or alteration of registration or revocation of registration in relation to the property in dispute or the property of the defendant made by a registrar, competent authority or any other person who is competent under law after the court order issued under the request filed under section 254 (3) has become effective, may not be asserted against the plaintiff or an executing officer, unless the transferee can prove that he or she has received the transfer, in good faith for value, before the registrar, competent authority or any other person who is competent under law has been notified of such order.
Any acceptance of registration or alteration of registration or revocation of registration in relation to the act complained of made by a registrar, competent authority or any other person who is competent under law after such person has been notified of the court order issued under the request filed under section 254 (3), shall not yet have legal effect during the application of interim relief.
Section 259. The provisions of Title II of this Book governing execution of judgements or orders shall apply, mutatis mutandis, to interim relief.
Section 260. In the case where a judgement or order adjudicating a case does not mention the interim relief ordered by the court during trial:
- if in such case the court has decided that the defendant wins the case in its entirety or in part, the order of the court concerning interim relief pertaining to such part shall be deemed to be cancelled after seven days have elapsed from the date of issuance of the court’s judgement or order, unless the plaintiff has filed an ex parte request with the court of first instance within such period of time, stating that he or she intends to file an appeal or petition against such judgement or order and that there is reasonable cause for the court to issue an order for such interim relief to continue to take effect. In this case, if the court of first instance orders to dismiss the plaintiff’s request, the order of the court shall be final. If the court of first instance issues an order for the interim relief to continue to take effect, the order of the court of first instance shall continue to take effect until expiration of the period of time for the filing of an appeal or petition or until the court issues a final order rejecting the appeal or petition, as the case may be. When an appeal or petition has been made, the order of the court of first instance shall continue to take effect until the appeal court or the Supreme Court orders otherwise;
- if in such case the court has decided that the plaintiff wins the case, the order of the court concerning interim relief shall continue to take effect insofar as necessary for compliance with the judgement or order of the court.
Section 261. A defendant or third party who has been served with a writ of seizure, a writ of attachment or an order under section 254 (1), (2) or (3) or who will be injured by such writ of seizure, writ of attachment or order, may make a request to the court for the withdrawal of the writ, the revocation of the order, or the modification of the order or the writ of seizure or writ of attachment issued under such order. However, if such third party requests for the release of the seized property or objects to the order of attachment, section 323 or section 325, as the case may be, shall apply, mutatis mutandis.261
A defendant subject to the order of arrest issued by the court under section 254 (4) may make a request to the court for the revocation of the order or the withdrawal of the writ or for unconditional acquittal or provisional acquittal with security in an amount as the court sees fit.
If it appears that the measure prescribed in section 254 is not sufficiently reasonable or there is any other reasonable cause, the court may issue an order granting the request or issue any other order as it sees fit in the interest of justice. The court may require the applicant to deposit a sum of money with the court or furnish a guarantee in an amount and within a period of time as it sees fit or prescribe any conditions as it sees fit; provided, however, that in the case where money is claimed, the court shall not require a guarantee in excess of the amount of money claimed, including costs.
Section 262. If the facts or circumstances based on which the court issues an order granting the request for any interim relief have changed, the court before which such case is pending, when it sees fit or upon the request by the defendant or a third party as provided in section 261, may issue an order amending or cancelling such interim relief.
During the time commencing from the court of first instance’s or the appeal court’s pronouncement of its judgement or order adjudicating the case or deciding the appeal until the time at which the court of first instance has forwarded the file of the case being appealed or petitioned to the appeal court or the Supreme Court, as the case may be, the request under this section shall be filed with the court of first instance, and the court of first instance shall have the power to issue an order for such request.
Section 263. In the case where the court issues an order granting the request for any interim relief under this Title, the defendant who is subject to such measure may file a request with the court of first instance within thirty days from the date of judgement of the court issuing the order for such interim relief, for the court to order the plaintiff to pay compensation to him or her in the following cases:
- In such case, the court decides that the plaintiff is the losing party and it appears that the court issues such order because it believes by mistake, due to the applicant’s fault or negligence, that the applicant’s claim is founded;
- If, irrespective of whether in such case the plaintiff is adjudicated by the court to win or lose the case, it appears that the court issues such order because it believes by mistake, due to the applicant’s fault or negligence, that such measure is sufficiently reasonable.
Upon receiving the request under paragraph one, the court shall have the power to order to separate the trial thereof from the original case, and when the court has conducted an examination and found that such request is admissible, it shall issue an order for the plaintiff to pay compensation to the defendant in an amount as the court sees fit. If the court issuing the order for interim relief is an appeal or the Supreme Court, after the court of first instance has completed the examination, it shall send the file to the appeal court or the Supreme Court, as the case may be, for such court to give an order for such request. If the plaintiff fails to comply with the court order, the court shall have the power to enforce the plaintiff as if he or she were a judgement debtor. However, in the case where the court issues an order for the plaintiff to pay compensation under (1), such execution shall be stayed until the court issues a final judgement directing the plaintiff to lose the case.
The order of the court of first instance or the appeal court under paragraph two may be appealed or petitioned in accordance with the provisions governing appeal or petition.
Section 264. In addition to the cases provided in section 253 and section 254, parties shall be entitled to file a request with the court for issuance of an order prescribing measures for the protection of the interest of the applicant during trial or for the enforcement of a judgement, such as the deposit with a court or a third party of the property or money in dispute or the appointment of a property administrator or custodian of the firm carrying out the business in dispute or the placement of an incapacitated person under the guardianship of a third party.
The request under paragraph one shall be governed by section 21, section 25, section 227, section 228, section 260 and section 262.
Section 265. In the case where the court accepts a guarantee by a person as provided by this Code and such person behaves in a manner likely to cause disadvantages to the plaintiff or to avoid, obstruct or delay the performance of his or her duty, the provisions of this Chapter shall apply, mutatis mutandis.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
CHAPTER II – EMERGENCY REQUESTS
Section 266. In an emergency, a plaintiff may file a motion, together when he or she files the request under section 254, for the court to issue an order or a writ under such request without delay.
When such motion has been filed, the procedure for trial and adjudication of the
request shall be subject to the provisions of section 267, section 268 and section 269.
Section 267. The court shall consider the request on an urgent basis. If satisfied with the statement of the plaintiff or evidence adduced by the plaintiff or called by the court itself that there is an emergency and such request is well-grounded, the court shall immediately issue an order or a writ as requested within the scope and conditions as it thinks necessary. If the court issues an order to dismiss the request, such order shall be final.
The defendant may immediately file a request for the court to cancel such order or writ and the provision of the preceding paragraph shall apply, mutatis mutandis. This request may be made in the form of an ex parte request with permission from the court. If the court issues an order to cancel the original order according to such request, such order shall be final.
The court’s dismissal of the emergency request or cancellation of the order issued according to an emergency request shall not preclude the plaintiff from submitting the request under section 254 again.
Section 268. In the case where there is an emergency request, the court shall have the power to exercise his or her discretion to decide if there is an emergency in such case or not. With regard to measures to be prescribed by the court, if the right of the parties concerning the issues of the case is to be prejudiced, it shall be prejudiced only to the extent necessary to the circumstances.
Section 269. The court order granting an emergency request shall take effect as provided in section 258 and section 258 bis. The court may order the plaintiff to postpone execution until the court has decided the request for cancellation of such order or until the plaintiff has furnished a guarantee.
Section 270. The provisions of this Chapter shall apply to other requests than the request under section 254 when expressly provided by this Code or other laws.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
TITLE II – EXECUTION OF JUDGEMENTS OR ORDERS271
CHAPTER I – GENERAL PRINCIPLES
PART I – COURTS COMPETENT IN EXECUTION
Section 271. The court which is competent for execution which shall have the power to prescribe measures of execution under section 276 and the power to make a decision or issue an order on any matter relating to the execution of a judgement or order, shall be the court which has tried and adjudicated the case in the first instance or as provided by law.
If the appeal court or the Supreme Court forwards a case to another court of first instance which does not render the judgement or order appealed or petitioned against, for a new trial and judgement under section 243 (2) and (3), the court which renders a new judgement or order shall be the court competent for execution, unless the appeal court or the Supreme Court, as the case may be, prescribes otherwise.
In the case where execution is required to be carried out outside the jurisdiction of the court, the court competent for execution shall have the power to appoint another court to carry out the execution on its behalf. Alternatively, the judgement creditor may file a statement with, or the executing officer may submit a report to the court where the execution is to be carried out, together with a copy of the writ of execution or a copy of the order prescribing the measures of execution, and in this case, such court shall inform the court competent for execution without delay. The court where the execution is to be carried out shall appoint an executing officer or issue any other order for further execution proceedings.
In case of seizure of property or attachment of claims, the court commissioned to carry out the execution shall send the property seized or attached or the proceeds derived from the sale of such property, as the case may be, to the court competent for execution for proceeding in accordance with law.
In the case where execution is carried out outside the jurisdiction of the court in a defective or erroneous manner or in violation of law, the court commissioned to carry out the execution shall have the power to order revocation or rectification of the entire execution
proceedings or any particular measure of execution, or to issue an order prescribing any measure for an executing officer to rectify such defect, error or violation, as well as to carry out any other proceedings incidental thereto, unless the execution is completed and the result thereof has already been informed to the court competent for execution, in which case it shall exclusively be the power of the court competent for execution.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
PART II – DECREES
Section 272. If a court has rendered any judgement or order requiring execution against a judgement debtor, the court shall issue a decree immediately after such judgement or order has been pronounced or deemed to have been pronounced, and it shall be deemed that the judgement debtor has acknowledged the decree on such date. In a case in which the judgement debtor is in default of answer or in default of appearance and the judgement debtor, the counsel or a proxy of any such person to hear the judgement or order is not present before the court at the time of issuance of the decree, it shall be governed by section 199 bis or section 207, as the case may be. Section 273. If a decree requires payment of money or delivery of property or performance of or abstinence from performing an act, the court shall expressly specify in such decree the period of time and other conditions for the payment of money, the delivery of property, the performance of or abstinence from performing the act; provided, however, that in a petty case, the court is not required to give the judgement debtor more than fifteen days for compliance with such judgement or order. In a case in which the event under section 272 , paragraph two arises, the court shall give the judgement debtor not less than seven days for compliance with the judgement or order. The period of time under paragraph one and paragraph two shall commence from the date on which the judgement debtor is deemed to have acknowledged the decree, unless the court expressly prescribes, at the time of the issuance of the decree or at a later time, that it shall commence from any particular date as the court sees fit for the purpose of justice. During when the period of time specified in the decree has not yet elapsed or the performance of the measures or conditions specified in the decree has not yet been completed, the judgement creditor may file an ex parte request with the court for issuance of an order prescribing any measure for the protection of his or her interest. In the case where the court has issued any order under paragraph four, such order shall continue to take effect insofar as necessary for compliance with the judgement or order of the court. However, if the judgement creditor does not request execution within fifteen days from the date of expiration of the period of time specified in the decree for compliance with the judgement or order, such order shall be deemed to have been cancelled upon the expiration of such period of time.Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
PART III – REQUEST FOR EXECUTION
Section 274. If the party or person losing the case or the person subject to the court’s judgement or order to perform an obligation (the judgement debtor) fails to comply with the decree issued under the judgement or order of the court, in whole or in part, the party or person winning the case or the person entitled to the performance of an obligation by the judgement or order of the court (the judgement creditor) shall be entitled to apply for execution by means of seizure of properties, attachment of claims or other measures of execution in accordance with the provisions of this Book within ten years from the date of the judgement or order. If the judgement creditor has already applied to an executing officer for seizure of any property or attachment of any claim or has partially carried out the execution by other measure within such period of time, the execution against such property or claim or the execution by such other measure may continue until its completion.
If the judgement or order requires the obligation to be performed in instalments or on a monthly or yearly basis or be performed in the future, the ten-year period under paragraph one shall commence from the date on which the performance of obligation under such judgement or order is enforceable.
If the claim under the judgement or order is for payment of a sum money or return or delivery of a specific thing, a person who receives the transfer of, or is subrogated to the rights under such judgement or order shall have the power to carry out execution in accordance with Chapter II Execution in Case of Money Debt or Chapter III Execution in Case of Return or Delivery of Specific Things, as the case may be, by applying to the court to assume the rights of the judgement creditor.
Section 275. If a judgement creditor requests execution, he or she shall file an ex parte request for execution with the court and clearly specify the following in the request:
- Obligations not yet performed by the judgement debtor in compliance with the decree;
- Measures of execution applied for with the court.
During the period when the court has not yet prescribed the measures of execution as requested by the judgement creditor under paragraph one, if there is a necessity, the judgement creditor may file an ex parte request with the court for issuance of an order prescribing any measure for the protection of his or her interest in the meantime. If the court sees fit, it may issue an order granting such request without making any examination. In such case, the judgement debtor may promptly file a request for the court to cancel such order.
Such request may be made in the form of an ex parte request with permission of the court, and the court, if it sees fit, may issue an order to cancel such order of grant without making any examination. The order of the court under this paragraph shall be final.
In the case where the court has issued an order to protect the interest of a judgement creditor under paragraph two, such order shall continue to take effect insofar as necessary for compliance with the judgement or order of the court.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
PART IV – CONSIDERATION OF A REQUEST FOR EXECUTION
Section 276. Upon request for execution by a judgement creditor, if the court finds that the judgement debtor has acknowledged or is deemed to have acknowledged the decree and the period of time prescribed for the purpose of compliance with the decree has elapsed and the request fully specifies the required particulars, the court shall prescribe measures of execution in accordance with the provisions of this Code and section 213 of the Civil and Commercial Code as follows:
- If the execution must be carried out through an executing officer, the court shall issue a writ of execution appointing an executing officer and notify the executing officer for further proceeding as prescribed by such writ;
- If the execution may be carried out without an executing officer being appointed, the court shall issue an order prescribing the measures as it sees fit insofar as the nature of the execution permits;
- If the request is made to the court for the arrest and detention of the judgement debtor, the proceedings shall continue to be conducted in accordance with the provisions governing such matters.
In a petty case, before a writ of execution is issued, if the court sees fit, it may issue a writ of summons for the judgement debtor or other persons to be inquired about the compliance with the judgement in order to consider whether a writ of execution should be issued or not.
In the case where the person requesting execution requests that any action be taken in connection with the execution, if there is reasonable cause to suspect that execution should not be carried out against any particular property or there is any other reasonable cause for the purpose of protection of a third party who may be injured by such action, the court, before issuing an order granting the request, shall have the power to issue an order for the person requesting execution to deposit a sum of money or furnish a guarantee to the court in an amount and within a period of time as it sees fit, to secure the payment of compensation for damages which may be caused by such action. If the person requesting execution fails to comply with the order of the court, the court shall issue an order dismissing the request for such execution. With respect to the money or guarantee deposited with the court, if the court finds that it is no longer necessary, it may order the refund or the termination of such guarantee. The order of the court under this paragraph shall be final.
In the case of paragraph three, if damage from the execution is caused by a fault or negligence of the person requesting execution, the injured person may, within thirty days from the date on which the execution is carried out, file a motion with the court for an order for the person requesting execution to pay compensation for the damage suffered by him or her. In this case, the court shall have the power to separate the trial thereof from the original case. When the court has conducted an examination and found that such motion is admissible, the court shall issue an order for the person requesting execution to pay compensation in an amount as it sees fit. If such person fails to comply with the court order, the injured person may apply to the court for carrying out execution against such person as if he or she were a judgement debtor.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
PART V- REQUEST FOR THE COURT’S EXAMINATION CONCERNING BUSINESS AND PROPERTY OF A JUDGEMENT DEBTOR
Section 277. In execution, if a judgement creditor has reasonable cause to believe that the judgement debtor has more property subject to execution than that known to him or her or has property subject to execution but the place where it is located or kept is unknown, or has reasonable cause to suspect whether any particular property belongs to the judgement debtor, the judgement creditor may file an ex parte request in the form of a motion for the court to conduct an examination.
When there is such request under paragraph one or when the court sees fit for the purpose of execution in a petty case, the court shall have the power to issue a writ of summons for the judgement debtor or other persons believed to be in a position to provide useful statements to appear in the court in person for such examination, and shall have the power to order such persons to furnish any document or real evidence in or under their possession or authority, which is in relation to the property of the judgement debtor, subject to any requirements and conditions as it sees fit.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
PART VI – GENERAL POWER OF EXECUTING OFFICERS
Section 278.When a court has issued a writ of execution appointing an executing officer, the executing officer shall have power in the capacity of a court officer to carry out execution as prescribed by the court in the writ of execution and in accordance with the provisions of Title II of this Book, and may request assistance from the judgement creditor. An order of the executing officer issued in the course of execution must also mention or set forth the reasons.
The executing officer shall have power in the capacity of a representative of the judgement creditor to receive performance or property deposited by the judgement debtor or third parties, and to issue a receipt thereof.
Money deposited by the judgement debtor or a third party which is not resulted from seizure or attachment shall be paid to satisfy the obligation to the judgement creditor who requests execution, unless there has been any creditor requesting distribution under section 326 at the time of the deposit of such money, in which case such money shall be deemed to be money seized or attached under the provisions of Title II of this Book, but execution fees shall be exempted.
The executing officer shall prepare and keep in safe custody records of all measures of execution carried out by him or her, and report to the court from time to time.
In the performance of duties of an executing officer, the executing officer may assign any other person to perform the duties on his or her behalf, in accordance with the qualifications, criteria, procedures and conditions prescribed in Ministerial Regulations.
The executing officer’s fees shall be deducted in accordance with Schedule V annexed to this Code for payment, as considered by the Legal Execution Department, as remuneration of the person assigned under paragraph five without being remitted to the Treasury as State revenue, as prescribed by the Minister of Justice with the approval of the Ministry of Finance.
Section 279.An executing officer shall keep in safe custody any monies, property and documents obtained under his or her competence and shall have the power to prevent any person from unlawfully interfering with such monies, property or documents, as well as shall have the power to follow and recover such monies, property or documents from any person not entitled to retain it.
In carrying out the actions under paragraph one, when necessary, the executing officer shall have the power to inform an administrative or police official for assistance. In this case, the administrative or police official shall have the power to arrest and keep in custody the person interfering or the person not entitled to retain under paragraph one to the extent necessary for the performance of duties of the executing officer.
Section 280.An executing officer shall have the power to serve documents in relation to execution of judgements or orders in accordance with the provisions of Title II of this Book, and the report on service of such documents shall also be included in the execution file. The provisions of section 68, section 73, section 74, section 76, section 77, section 78 and section 80 shall apply, mutatis mutandis.
In addition to the service of documents under paragraph one, an executing officer shall have the power to order the service to be made by mail with return receipt requested or by domestic express mail, provided that the person obligated to procure service shall be responsible for the expense. In such case, it shall be deemed that the document served by a postal official has the same effect as if it is served by an executing officer and the provisions of section 74, section 76 and section 77 shall apply, mutatis mutandis.
If service of documents cannot be made as provided by paragraph one and paragraph two, the executing officer shall have the power to order the service to be made by any other substitute method, namely by posting the document at a noticeable place at the domicile or operating office of the person to whom the document is directed, or by depositing it with an administrative or police official and posting a notice of such deposit, or by advertising it, or by any other means as he or she sees fit. The service shall become effective when fifteen days or a longer period as the executing officer sees fit to prescribe has elapsed from the date on which the document or the notice of deposit has been posted or the advertisement or any other method of service as ordered by the executing officer has been made or has begun.
In the case of service of a document on a party or a third party at his or her domicile or operating office outside the Kingdom, if there is no international agreement to which Thailand is a party stating otherwise, the executing officer shall have the power to order for the service to be made by international express mail or via international courier service or through the Ministry of Justice and the Ministry of Foreign Affairs. If the service is not possible because the domicile or operating office of such person cannot be found or because of any other reasons, or when the service has been made to the party or third party but the outcome of the service cannot be ascertained, the executing officer, if he or she sees fit, shall have the power to order for the service to be made by any other substitute method, namely by posting the document at a noticeable place at the office of the executing officer, or by advertising it, or by any other means as he or she sees fit.
Section 281.An executing officer shall carry out execution on normal working days during the period from sunrise to sunset. If the execution is not completed and it is necessary and proper, it may continue to take place during the period after sunset.
In the case where it is necessary and proper, the court may allow execution to be carried out outside normal working days or during the period after sunset.
In carrying out execution against a judgement debtor, the executing officer shall show the writ of execution to the judgement debtor or the person who possesses or takes custody of the property subject to execution. If such person is not present or the writ of execution cannot be shown to such person for any reason, the executing officer shall post a copy of the writ of execution at a noticeable place at the place where the execution is carried out. In such case, it shall be deemed that the writ of execution has been shown to such person.
Section 282.In the case where there is reasonable cause to believe that property of a judgement debtor or any account, document, letter or any other object in relation to property or business of the judgement debtor is in any place occupied by the judgement debtor or jointly occupied by the judgement debtor with another person, the executing officer shall have the power to search such place as well as shall have the power to inspect and seize for inspection any accounts, documents, letters or any other objects in relation to property or business of the judgement debtor and also the power to carry out any act necessary to open such place, including safes, cabinets or other receptacles.
Section 283.In the case where there is reasonable cause to believe that property of a judgement debtor or any account, document, letter or any other object in relation to property or business of the judgement debtor is in a particular place occupied by other person, the judgement creditor may file an ex parte request in the form of a motion with the court for issuance of a search warrant for such place. Upon receiving such motion, the court shall conduct an examination without delay. If the court is satisfied by the evidence adduced by the judgement creditor or called by the court itself that there is reasonable cause to so believe, the court shall have the power to issue a search warrant with respect to such place for the executing officer to inspect and seize the property or articles within the scope and under the conditions as the court thinks necessary. If the court issues an order dismissing such request, such order shall be final.
Section 284.An executing officer shall have the power to act to the extent necessary and proper to the circumstances in order to enforce execution. In the case of obstruction by any person or there is reasonable cause to believe that there will be an obstruction by any person, the executing officer shall have the power to inform an administrative or police official for assistance. In this regard, the administrative or police official shall have the power to arrest and keep in custody the person causing the obstruction to the extent necessary for the performance of duties of the executing officer.
Section 285.The liability for torts under the Civil and Commercial Code to a judgement debtor or third party for the damages arising from or in connection with seizure, attachment or sale of property which is wrongful or beyond necessity for execution or arising from or in connection with a wrongful execution in other cases, shall not be borne by the executing officer, but by the judgement creditor, unless the executing officer has acted in violation of the provisions of this Code.
In the case where the liability is borne by the executing officer under paragraph one and it is the matter of a liability for torts of officials in the performance of their duty, the exercise of the right to bring a case to a court under the law governing liability for torts of officials or other laws by any person shall be under the power of courts of justice.
If an executing officer fails to seize property required to be seized or attach a claim required to be attached or fails to sell property or fails to carry out execution in other cases or fails to perform such act within a reasonable period of time, willfully or without diligence or by collusion and conniving with the judgement debtor, to the injury of the judgement creditor, the provision of paragraph two shall apply, mutatis mutandis.
Section 286.In the case where there is law providing that the provisions of the Civil Procedure Code shall apply, mutatis mutandis, to execution of a judgement or order of any other court than courts of justice, the term “court of justice” under section 285, paragraph two shall mean such court.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
PART VII – PERSONS INTERESTED IN EXECUTION
Section 287. Persons interested in execution shall include:
- the judgement creditor, the judgement debtor and, in case of attachment of a claim, shall also include the debtor, the holder and the transferee of such claim;
- the person who has a real right over, or has his or her right registered with respect to the property subject to execution;
- the person filing an application under section 323, section 324, section 326 and section 329 in relation to the property or claim subject to execution;
- the person who is a coowner of, or the person who has a preferential right, a right of retention or other rights under section 322 in relation to the property or claim subject to execution;
- any other person who shall suffer damage caused by such execution
Section 288. In addition to other rights provided in this Code, a person interested in execution shall have the following rights:
- To be present and witness the execution proceedings in which he or she has an interest; provided, however, that he or she must not prevent or obstruct the execution, and to make a bid or to procure another person to make a bid in the sale by auction;
- To request permission to inspect or make copies of all or any of the documents in connection with the execution, or to request an executing officer to make or certify copies of such documents upon payment of fees as specified in Schedule II annexed to this
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
PART VIII – STAY OF EXECUTION
Section 289. An executing officer shall stay execution in the following cases:
- When the court issues an order to stay execution because a request for a new trial is filed and the executing officer has been informed as provided in section 199 quiquies, paragraph one or section 207.
In such case, if the judgement creditor files a motion that he or she may suffer damage as a result of the filing of such request and there is preliminary evidence showing that such request is not founded and filed to delay the execution, the court shall have the power to order the judgement debtor to deposit a sum of money or furnish a guarantee as it sees fit within a period of time to be prescribed by the court to secure the payment of compensation to the judgement creditor for damages that may be suffered by him or her as a result of any delay of execution owing to the filing of such request, or prescribe any provisional measure of protection as the court sees fit. If the judgement debtor fails to comply with the court order, the court shall order revocation of the order staying execution.
- When the court issues an order to stay execution and forwards such order to the executing off In this case, the executing officer shall stay execution up to a period of time or under any condition as prescribed by the court.
- When the judgement creditor notifies the executing officer in writing that he or she agrees to stay execution for a prescribed period of time or under any conditions, with written consent from the judgement debtor and third parties who have an interest in the executor
- When the judgement creditor who requests execution fails to comply with section 154.
The executing officer shall serve a notice of a stay of execution on the judgement creditor and third parties who have an interest without delay, unless execution is stayed upon the request of such person.
Section 290. A judgement debtor may file a motion with the court for stay of execution on the grounds that he or she has brought a case against the judgement creditor on another matter at the same court which has not yet rendered a decision thereon and if he or she is the winning party, seizure, attachment, sale by auction or disposal of property of the judgement debtor by any other means will not be required as there may be a set-off.
If the court finds that the allegation of the judgement debtor is admissible, it may issue an order to stay execution. Such order may or may not be subject to any condition or time clause, and the court may issue an order for the judgement debtor to deposit a sum of money or furnish a guarantee to the court in an amount as the court sees fit and within a prescribed period of time to secure the payment of judgement debts and compensation to the judgement creditor for damages that may be suffered by him or her as a result of any delay of the execution owing to the filing of such motion.
The order of the court under this section shall be final.
Section 291. In the case where the executing officer stays execution in accordance with the order of the court, the executing officer shall resume execution upon receiving an order from the court, issued by the court itself or issued by the court upon the filing of a request by the judgement creditor, either because the period of time for staying execution has elapsed or the condition prescribed by the court has not been complied with or the appeal court or the Supreme Court in the same case has rendered a confirming judgement or it is no longer necessary to stay execution.
In the case where the executing officer stays execution in accordance with section 289 (3) or (4), the executing officer shall resume execution when the period of time for staying execution has elapsed or the condition prescribed by the judgement creditor has not been complied with or the judgement creditor requesting execution has complied with section 154.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
PART IX – WITHDRAWAL OF EXECUTION
Section 292. An executing officer shall withdraw execution in the following cases:
- When the court issues an order to withdraw execution because the judgement debtor files an appeal or petition and deposits a sum of money with the court in the amount sufficient to cover the judgement debts, including costs and execution costs, or furnishes a guarantee for such amount to the satisfaction of the court.
- When the court issues an order to withdraw execution because the judgement, under which execution has been sought, is reversed or dismissed or the writ of execution is However, if the judgement, under which execution has been sought, is only partially reversed, execution may continue to be carried out until the money collected is sufficient to satisfy the judgement creditor.
- When the court notifies the executing officer that the court has issued an order granting a new trial of the case under section 199 quiquies, paragraph three or section 207.
- When the court issues an order to withdraw execution under section 293.
- When the judgement debtor deposits a sum of money with the executing officer for payment of the judgement debts, including costs and execution costs.
- When the judgement creditor notifies the executing officer in writing that he or she renounces the right to executive In such case, the judgement creditor shall no longer be able to carry out execution against the judgement debtor for the same obligation;
- When the judgement creditor notifies the executing officer in writing that he or she requests to withdraw executor
Section 293. If a judgement creditor fails to carry out execution within a period of time prescribed by an executing officer, the executing officer shall report to the court to request the court to order withdrawal of such execution.
Section 294. In the case of seizure of property which is not money or in the case of seizure or attachment of money or attachment of property and it is not sold or disposed of because the executing officer has withdrawn such execution himself or herself or according to a court order and the person requesting the seizure or attachment fails to pay execution costs, the executing officer shall report to the court requesting it to conduct execution against property of such person in order to pay the execution costs. In such case, it shall be deemed that the executing officer is a judgement creditor and the person requesting the seizure or attachment is a judgement debtor with respect to such execution costs. The executing officer may carry out the execution himself or herself with the exemption of all fees.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
PART X – REVOCATION OR RECTIFICATION OF IRREGULAR EXECUTION PROCEEDINGS
Section 295. In the case where a decree, a writ of execution or a court order in the stage of execution is defective or erroneous or in violation of law and for the purpose of justice it is necessary to revoke or rectify such decree, writ of execution or order, when the court sees fit at any time prior to completion of the execution or when an executing officer reports to the court or when the judgement creditor, the judgement debtor or a third party interested in the execution, who suffers damage as a result thereof, files the motion with the court, the court shall have the power to order revocation or rectification of such decree, writ of execution or order, in whole or in part, or to issue any order as it sees fit.
Subject to section 331, paragraph three, if an executing officer carries out execution in a defective or erroneous manner or in violation of law, when the court sees fit at any time prior to completion of the execution or when the judgement creditor, the judgement debtor or a third party interested in the execution, who suffers damage as a result thereof, files the motion with the court, the court shall have the power to order revocation or rectification of the entire execution proceedings or any particular measure of execution or to issue an order prescribing any measure for the executing officer as it sees fit.
The filing of the motion under paragraph one or paragraph two may be made at any time prior to completion of the execution but no later than fifteen days from the date on which the facts or circumstances upon which such allegation is grounded are known, provided that the person filing the motion has not taken any new step after such defect, error or violation has become known to him or her, nor has he or she ratified such act. In this case, the person filing the motion may, at the same occasion, request the court to issue an order to stay execution pending the decision.
For the purpose of this section, execution shall be deemed to be completed upon performance of the following:
- In the case where a decree requires delivery of property or performance of or abstinence from performing any act, when the delivery of property or the performance of or abstinence from performing the act under such decree has been complied w However, in the case where the compliance with such decree can be divided into several parts, when any of such parts has been carried out, the execution shall be deemed to be completed only with respect to that part.
- In the case where a decree requires payment of money, when an executing officer has paid a sum of money in accordance with section 339, section 340, section 342, section 343 or section 344, as the case may However, if there are several properties subject to execution, when an executing officer has paid money derived from the sale by auction of any particular property, the execution shall be deemed to be completed only with respect to that particular property.
In the filing of the motion with the court under paragraph one or paragraph two, if there is preliminary evidence showing that such motion is not founded and filed to delay the procedure, the court shall have the power to order the person filing the motion to deposit a sum of money or furnish a guarantee to the court in an amount and within a period of time as the court sees fit, to secure the payment of compensation to the judgement creditor or the interested person for damages that may be suffered by him or her as a result of the filing of the motion. If the person filing the motion fails to comply with the court order, the court shall issue an order dismissing such motion. With respect to the money or guarantee deposited with the court, if the court finds that it is no longer necessary, it may order the refund or the termination of such guarantee. The order of the court issued under this paragraph shall be final.
In the case where the court issues an order dismissing the motion filed under paragraph one or paragraph two, if the person injured as a result of the filing of such motion is of the opinion that such motion is not founded and filed to delay the procedure, such person may, within thirty days from the date of issuance of the order of dismissal, file a motion with the court for an order for the person filing such motion to pay compensation. In this case, the court shall have the power to separate the trial thereof from the original case. When the court has conducted an examination and found that such motion is admissible, the court shall issue an order for the person filing the motion to pay compensation to such injured person in an amount as it sees fit. If the person filing the motion fails to comply with the court order, the injured person may apply to the court for carrying out execution against such person as if he or she were a judgement debtor.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
CHAPTER II – EXECUTION IN CASE OF MONEY DEBT
PART I – POWERS OF EXECUTING OFFICERS
Section 296. 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. 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. 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. 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.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
PART II – PROPERTY NOT LIABLE TO EXECUTION
Section 301. The following properties of a judgement debtor shall not be liable to execution:
- 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;
- 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;
- Animals, articles, equipment and devices necessary to aid or substitute an organ of the judgement debtor;
- 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;
- 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. Subject to the provisions of other laws, the following monies or monetary claims of a judgement debtor shall not be liable to execution:
- 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;
- 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;
- 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;
- 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;
- 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).
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
PART III – SEIZURE OF PROPERTY
Section 303. Seizure of tangible movable property of a judgement debtor shall be effected by an executing officer by:
- 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;
- 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;
- making the seizure of such property manifest by the affixing of seals or by any other method as the executing officer sees
Section 304. 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:
- complying with the procedure provided in section 303;
- 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. Seizure of securities under the law governing securities and exchange of a judgement debtor shall be effected by an executing officer by the following:
- 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.
- 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.
- 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.
- 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. 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. 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:
- 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;
- notifying the registrar of such partnership or company to record the seizure on the
Section 308. 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:
- 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;
- 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. 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. 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:
- 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;
- 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. 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:
- 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;
- 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. Seizure of immovable property of a judgement debtor shall be effected by an executing officer by:
- 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;
- making the seizure of such property manifest by the posting of a notice on such property;
- 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. 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. 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:
- accessories and legal fruits of such property;
- 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. Seizure of property of a judgement debtor shall have the following
- 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.
- 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.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
PART IV – ATTACHMENT OF CLAIMS
Section 316. Attachment of a judgement debtor’s claim for payment of a sum of money or delivery or transfer of property by a third party or for performance of an obligation other than payment of a sum of money or delivery or transfer of property by a third party, shall be effected by the court or an executing officer by issuing an order of attachment and notifying such order to the judgement debtor and the third party.
The order of attachment under paragraph one must contain a prohibition of disposal of the claim by the judgement debtor and a prohibition of performance of such obligation by the third party to the judgement debtor, but instead the money must be paid, or the property must be delivered or transferred, or such other obligation must be performed to the court, the executing officer or other persons, or any other act must be performed as the court or the executing officer sees fit, at or within such time or under such conditions prescribed, as the case may be.
Such order of attachment may be enforced anywhere.
Section 317. The attachment under section 316 may be effected, irrespective of whether or not the obligation claimed is subject to a dispute, restriction or condition, or whether or not its amount is definitely fixed.
Section 318. An attachment of a judgement debtor’s claim for periodical performance of obligations shall also take effect as attachment of such claim for performance of obligations after such attachment.
Section 319. The effect of an attachment of a judgement debtor’s claim secured by mortgage or pledge shall also extend to such mortgage or pledge. If the mortgaged property is on the register, the executing officer shall notify the order of attachment to the competent person for record on the register.
In the case where the mortgagor or the pledgor is not a debtor under the claim, after the attachment has taken place, the mortgagor or the pledgor shall be informed accordingly.
Section 320. An attachment of a claim shall have the following effects:
- Any creation of a right for a third party over the attached claim or any transfer, change or extinguishment of such claim made by the judgement debtor after the attachment has taken place may not be asserted against the judgement creditor or an executing officer even though the value of such claim 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 attached claim in excess of such amount.
The provision of paragraph one shall not apply to the mortgagor or pledgor who is not a debtor under the claim under section 319, paragraph two if the mortgagor or pledgor can prove that the extinguishment of the mortgage or pledge is resulted from his or her act, in good faith for value, before the notification of attachment has been made to the mortgagor or pledgor.
- If the value of the attached claim is impaired by the judgement creditor’s fault, the judgement creditor shall be liable to pay compensation to the judgement debtor for any damage caused to the judgement deb
- A performance by a third party as specified in the order of attachment shall be deemed to be performance according to law.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
PART V – REQUEST FOR THE COURT TO COMPEL A THIRD PARTY TO SATISFY THE CLAIM
Section 321. If a third party fails to perform in compliance with an order of attachment of the court or the executing officer under section 316, the executing officer shall inform the judgement creditor. In such case, the judgement creditor may file a motion with the court for compelling such third party to perform as ordered by the executing officer or to pay compensation for non-performance to the executing officer. If the court, after conducting an examination, is satisfied that the claim of the judgement debtor actually exists and is enforceable, it may issue an order directing the third party to perform as ordered by the executing officer or to pay compensation in an amount as the court sees fit. If such third party fails to comply with the order of the court, the judgement creditor may apply to the court for execution against the third party as if he or she were a judgement debtor.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
PART VI – RIGHTS OF THIRD PARTIES AND PERSONS INTERESTED IN THE PROPERTY SUBJECT TO EXECUTION
Section 322. Subject to section 323 and section 324, the provisions of this Code governing execution against property of a judgement debtor shall not affect real rights, preferential rights, rights of retention or other rights which are held by a third party over the property or enforceable on application by a third party against the property according to law.
Section 323. Subject to section 55, any person who alleges that the defendant or judgement debtor is not the owner of the property seized by an executing officer, or that he or she is the crowner who has ownership or possessory right over the property which is immovable property properly partitioned for the possession purposes, or that he or she is the crowner of the property which is divisible movable property, or that he or she was previously in a position to have his or her right in the property registered, may apply for the release of such property, in whole or in part or only in his or her own part, as the case may be, by filing an application with the court issuing the writ of execution within sixty days from the date of seizure of such property. However, if it is unable to file the application within such period of time, such person may file it after the lapse of such period of time only in special circumstances and when the application is filed no later than seven days prior to the date fixed by the executing officer to be the first day for sale by auction or disposal by any other means of such property, except in the case of force majeure, in which case such person may file the application at a later time but he or she must file it before the sale by auction or disposal by any other means of such property has taken place.
In the case of property under section 332, the person making the allegation may file the application with the court within sixty days from the date of seizure of the property. However, if it is unable to file the application within such period of time, such person may file it after the lapse of such period of time only in special circumstances but before the executing officer has paid the proceeds derived from the sale of such property to the judgement creditor under section 339 or before the distribution account which shows the amount of proceeds from the sale of such property becomes final under section 340, as the case may be. In this regard, the amount of net proceeds derived from the sale shall be deemed as if it were the property for which release is applied.
When the court orders to accept the application, it shall forward a copy of the application to the plaintiff or judgement creditor, the defendant or judgement debtor, and the executing officer. When the executing officer has received such application, if the seized property is not property under section 332, the sale by auction or disposal of such property shall be stayed pending the decision, and the court shall try and adjudicate such case as a normal case.
The plaintiff or judgement creditor may file a motion that such application is not founded and filed to delay the execution. If there is preliminary evidence showing that such motion is admissible, the court shall have the power to order the person making the allegation to deposit a sum of money or furnish a guarantee to the court in an amount and within a period of time as the court sees fit, to secure the payment of compensation to the plaintiff or judgement creditor for damages that may be suffered by him or her as a result of the filing of the application. If the person making the allegation fails to comply with the court order, the court shall issue an order disposing of the case from the case list. With respect to the money or guarantee deposited with the court, if the court finds that it is no longer necessary, it may order the refund or the termination of such guarantee. The order of the court issued under this paragraph shall be final.
In the case where the court issues an order dismissing the application filed under paragraph one or paragraph two, if the plaintiff or judgement creditor who is injured as a result of the filing of such application is of the opinion that such application is not founded and filed to delay the execution, such person may, within thirty days from the date on which the court issues the order of dismissal of the application, file a motion with the court for an order for the person making such allegation to pay compensation for the damage suffered by him or her. In this case, the court shall have the power to separate the trial thereof from the original case. When the court has conducted an examination and found that such motion is admissible, the court shall issue an order for the person making the allegation to pay compensation in an amount as it sees fit. If such person fails to comply with the court order, the plaintiff or judgement creditor may apply to the court for carrying out execution against such person as if he or she were a judgement debtor.
Section 324. Any person who is entitled to performance or to a portion of proceeds from the sale by auction or disposal by any other means of a judgement debtor’s property seized by an executing officer by virtue of a real right, preferential right, right of retention or any other right held by such person over the property or enforceable on application by such person against the property according to law, shall proceed as follows:
- In the case of a mortgagee of the property or a holder of a registered preferential right over the immovable property, such person may file an application with the court issuing the writ of execution before such property has been put up for the sale or disposal, for any of the following orders:
(a) In the case of a mortgage which may be foreclosed, he or she may apply for foreclosure of such mortgage, and if the court issues an order granting the foreclosure, the seizure of such mortgaged property shall automatically be revoked;
(b) In other cases, he or she may apply to the executing officer for satisfaction of the obligation owed to him or her out of the proceeds derived from the sale or disposal of such property in preference to other creditors, in accordance with the provisions of the Civil and Commercial Code or other laws.
- In the case where it appears to the executing officer that the property sold or disposed of belongs to registered crowners, the executing officer shall reserve the amount of money belonging to the other crowners, other than that belonging to the judgement debtor, out of the proceeds derived from the sale or disposal of such property as prescribed by section 340.
- In the case of a holder of a right of retention who has no preferential right over the property sold or disposed of, such person may, within fifteen days from the date of sale or disposal of such property, file an application with the court issuing the writ of execution for satisfaction of the obligation owed to him or her out of the proceeds from the sale or disposal in preference to other creditors who have no preferential right over such property.
- In cases other than those specified in (1), (2) and (3), the holder of right may, within fifteen days from the date of sale or disposal of such property, file an application with the court issuing the writ of execution to request to obtain a portion of the proceeds derived from such sale or disposal or for satisfaction of the obligation owed to him or her out of the proceeds in preference to other creditors, in accordance with the provisions of the Civil and Commercial Code or other laws.
Section 325. When an order of attachment of a claim has been notified to the third party under section 316, such third party may file a motion objecting to the order of attachment with the court within fifteen days.
A person who shall be injured as a result of the order of attachment may file a motion objecting to such order within the following time limits, but not later than fifteen days from the date of acknowledgement of the order of attachment:
- If such claim is for payment of a sum of money, the motion shall be filed with the court before the date on which the executing officer has paid such money, in whole or in part, to a judgement creditor;
- If such claim is for delivery or transfer of property, the motion shall be filed with the court before the sale by auction or disposal by any other means of such property has taken place;
- If such claim is for performance of an obligation other than (1) and (2), the motion shall be filed with the court before a third party has performed the obligation.
When the court has ordered to accept the motion of objection under paragraph one or paragraph two, it shall serve a copy of the motion on the judgement creditor, the judgement debtor and the executing officer, and the executing officer shall stay the enforcement of the order of attachment pending the decision. If the court, after conducting an examination, is satisfied that the claim of the judgement debtor actually exists and is enforceable, it shall dismiss the motion and issue an order compelling the third party to comply with the order of attachment, but if it is satisfied that the motion of objection is admissible, the court shall issue an order withdrawing the attachment of the claim.
During the trial of the motion of objection under paragraph three, the judgement creditor may file a motion that such motion of objection is not founded and filed to delay the execution. If there is preliminary evidence showing that such motion is admissible, the court shall have the power to order the person making the objection to deposit a sum of money or furnish a guarantee to the court in an amount and within a period of time as the court sees fit, to secure the payment of compensation to the judgement creditor for damages that may be suffered by him or her as a result of the filing of the motion of objection. If the person making the objection fails to comply with the court order, the court shall issue an order disposing of the motion of objection. With respect to the money or guarantee deposited with the court, if the court finds that it is no longer necessary, it may order the refund or the termination of such guarantee.
If the court has issued an order for the third party to comply with the order of attachment and such person fails to comply with such order, the judgement creditor may apply to the court for carrying out execution against such third party as if he or she were a judgement debtor.
In the case where the motion of objection under paragraph one or paragraph two is not founded and filed to delay the execution, the judgement creditor may, within thirty days from the date on which the court issues the order of dismissal of the motion of objection, file a motion with the court for an order for the person making such objection to pay
compensation for the damage suffered by him or her. In this case, the court shall have the power to separate the trial thereof from the original case. When the court has conducted an examination and found that such motion is admissible, the court shall issue an order for the person making the objection to pay compensation in an amount as it sees fit. If such person fails to comply with the court order, the judgement creditor may apply to the court for carrying out execution against such person as if he or she were a judgement debtor.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
PART VII – REQUEST FOR DISTRIBUTION AND CONTINUATION OF EXECUTION
Section 326. When any seizure of property or attachment of a claim of a judgement debtor has been carried out for satisfaction of an obligation to one judgement creditor, no other judgement creditors may again proceed to seize such property or attach such claim, but they shall have the right to file a motion with the court issuing the writ of execution for an order allowing him or her to participate in the distribution of such property or the proceeds derived from the sale or disposal of the property so seized or attached in proportion to the amount of the judgement debts.
The court shall not grant such motion unless the court finds that the person filing the motion is unable to be satisfied out of other property of the judgement debtor.
If a competent official who has the power, under the law governing taxes and duties or other laws, to order seizure of property or attachment of claims of the judgement debtor for the performance of outstanding obligations under such law, has previously seized the property or attached the claim under paragraph one, he or she shall have the right to request participation in the distribution without being subject to the provision of paragraph two; provided, however, that if such competent official has not yet carried out the seizure or attachment, he or she shall have the right to request participation in the distribution in the same manner as other judgement creditors.
In the case of seizure of property for the purpose of sale by auction or disposal by any other means, the aforesaid motion shall be filed before the expiration of a period of fifteen days from the date of sale by auction or disposal of the property sold by auction or disposed of on such occasion.
In the case of attachment of a claim, the motion shall be filed before the expiration of a period of fifteen days from the date of payment of the money or the date of sale by auction or disposal by any other means of the claim so attached.
In the case of seizure of a sum of money, the aforesaid motion shall be filed before the expiration of a period of fifteen days from the date of seizure.
When a copy of such motion has been served on the executing officer, the executing officer shall refrain from paying money or property under the decree, whether it is a sale, disposal or payment under the attachment on the occasion when the distribution is requested, as the case may be, until the court makes a decision. When the court has issued any order and has it served on the executing officer, the executing officer shall comply with such order.
Section 327. In the case where execution is withdrawn, the executing officer shall serve a notice of withdrawal of execution on the persons whose applications have been granted by the court under section 324 or the creditors whose requests to participate in the distribution have been granted under section 326, without delay. Such person may request to carry out execution continually from the creditor who requested the seizure of property or the attachment of a claim by filing a motion with the executing officer within fifteen days from the date of notice to such person. If there is a person filing the motion within such period of time, such person shall be the applicant for continuation of the execution. If there is no person filing the motion within such period of time, the executing officer shall withdraw the seizure of the property or the attachment of the claim.
In the case where there are several persons filing the motion, the executing officer shall issue writs of summons for all of such persons to come to an agreement on selection of one of them to carry out the continued execution, provided that at least three day’s prior notice must be made. If the agreement cannot be reached, the person filing the motion who appears according to the summons and has the highest amount of claims shall be the person
carrying out the continued execution. If there are several persons who file the motion having the highest amount of claims equally, the person filing the motion whose claim matures first shall carry out the continued execution. In the case where any person filing the motion fails to appear according to the summons, he or she shall be deemed to renounce his or her right to carry out the continued execution.
In the case of continuation of execution, the persons who request continuation of execution shall be deemed to be creditors who request seizure of property or attachment of a claim, and the court issuing the writ of execution in the case in which execution has been withdrawn shall be the court competent for the continued execution. If the creditor carrying out the continued execution is to request execution against only a part of the property previously subject to execution which is sufficient to satisfy the obligations to all creditors under paragraph one including costs and execution costs, he or she shall file the motion for permission with the executing officer within seven days from the date on which the continued execution is resumed. In such case, the executing officer shall issue an order granting or not granting the motion or issue any order as he or she sees fit, taking into account the interests of all creditors under paragraph one. The creditor who carries out the continued execution may object to the order of the executing officer to the court within fifteen days from the date of acknowledgement of the order of the executing officer.
With regard to the creditor who requested the seizure of property or the attachment of a claim in the case where such execution is withdrawn:
- if the execution is withdrawn as a result of his or her renouncement of his or her right in execution under section 292 (6), he or she shall not be entitled to distribution of the property or proceeds from the sale or disposal of the property subject to execution;
- if the execution is withdrawn under section 292 (4) but the judgement debts remain outstanding, he or she may file a motion with the court for an order that he or she be paid out of the remaining proceeds after payment to creditors who request distribution, in the same capacity as the person filing a motion under section 329 (1);
- if the execution is withdrawn as a result of revocation of the writ of execution or in other cases than (1) and (2), but the judgement debts remain outstanding, he or she may file a motion with the court for an order that he or she is entitled to distribution of the property or proceeds from the sale or disposal of the property in this execution before the payment under section 339 or before service of the notice under section 340 (3), as the case may be.
Section 328. The creditor who carries out the continued execution under section 327 may file a motion with the court competent for execution for transfer of the execution to the court which judges the case in which he or she is a judgement creditor. After considering the motion, if the court competent for execution finds that the execution in the court to which the execution will be transferred will be convenient to all parties and consent of the court to which the execution will be transferred has been obtained, it shall issue an order granting the transfer of the execution. The order of the court under this section shall be final.
In the case of transfer of execution under paragraph one, the court to which the execution has been transferred shall be deemed the court under section 271, paragraph one.
Section 329. In the case where a judgement creditor fails to file a motion for distribution within the time period under section 326 or the court dismisses a motion for distribution because it was not filed within such prescribed time period, the judgement creditor may file a motion with the court for any of the following orders:
- that he or she shall be entitled to receive payment out of the remaining money after payment to creditors who request seizure of property or attachment of a claim and creditors who request distribution under section 326 or section 327, as the case may be;
- that, in the case where the execution is withdrawn and there is no creditor carrying out the continued execution under section 327, he or she shall be deemed to be a creditor who carries out the execution continually from the creditor who requested the seizure of property or the attachment of a claim in the case where such execution is withdrawn, from the date on which the execution has been withdrawn.
The motion under (1) shall be filed before the payment under section 339 or before service of the notice under section 340 (3), as the case may be.
The motion under (2) shall be filed before the withdrawal of the execution.
In the case where there is a person filing the motion under (2), the provisions of section 327 paragraph two, paragraph three and paragraph four shall apply, mutatis mutandis. If there are several persons filing the motion under (2), it shall be deemed that the persons filing the motion other than the one selected or prescribed by law to carry out the continued execution and creditors who do not file a motion for carrying out the continued execution under section 327, are also creditors who are entitled to receive performance out of the property or proceeds derived from the sale or disposal of the property in such case.
Section 330. The order of the court under section 327, paragraph three and paragraph four and section 329 shall be final.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
PART VIII – SALE OR DISPOSAL
Section 331. 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. 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. 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
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
PART IX – APPOINTMENT OF ADMINISTRATOR OF THE IMMOVABLE PROPERTY OR BUSINESS IN LIEU OF SALE OR DISPOSAL
Section 336. If the income from immovable property or industrial, commercial, agricultural or any other business of a judgement debtor may be sufficient to pay the judgement debts, including costs and execution costs in a reasonable period of time, when the court sees fit or upon the application by the judgement debtor and there is no fact that there is an intention to delay the performance, the court may issue an order appointing an administrator of such immovable property or business, provided that the entire or partial income shall be given to the executing officer within such time and under such conditions as the court sees fit to prescribe, instead of a sale or disposal of the property of the judgement debtor.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
PART X – PREPARATION OF DISTRIBUTION ACCOUNTS
Section 337. The executing officer shall prepare a detailed account showing all amounts of money derived from the seizure, attachment, sale or disposal of property of a judgement debtor or deposited with him or her. The executing officer shall also prepare a special account for the amount of money derived from the sale or disposal of each property subject to a real right, a preferential right, a right of retention or other rights which have been notified or appeared to the executing officer under section 324.
Unless otherwise provided by this Code or other laws, the executing officer shall allocate or distribute the money under paragraph one as provided by the following sections.
Section 338. In the case where execution is to be carried out according to a judgement or order which is given due to the defendant’s default, no money received shall be allocated or distributed until a period of six months has elapsed from the date of seizure of property or attachment of a claim of the judgement debtor, unless the judgement creditor demonstrates to the satisfaction of the court that the judgement debtor has already acknowledged of him or her being sued.
Section 339. In the case where there is only one judgement creditor applying for execution against property of the judgement debtor and there is no case under section 324, after the sale by auction or disposal by any other means of the property has been completed and execution costs have been deducted, the executing officer shall make payment in accordance with the amount of obligations and costs according to the judgement to the judgement creditor, insofar as the net proceeds are available for such payment.
Section 340. In the case where there are several judgement creditors applying for execution against property of the judgement debtor or in the case of section 324, after the executing officer has completed the sale by auction or disposal by any other means of the property, the following actions shall be taken:
- The execution costs shall be deed However, if such property belongs to crowners, the executing officer shall first reserve the amount of money belonging to the other crowners, other than that belonging to the judgement debtor, out of the proceeds derived from the sale or disposal of such property and the execution costs shall then be deducted only from the portion of money of the judgement debtor;
- A distribution account shall be prepared to show the amount of money to be paid to each of the judgement creditors or holders of any right over such property out of the net proceeds which are sufficient for the payment according to the rights of such persons under the provisions of the Civil and Commercial Code, this Code or other laws, and the amount of money reserved for the co-owners shall also be shown in such account;
- A notice shall be served on the judgement debtor, co-owners, and persons under (2), requesting them to examine the distribution account and file a statement of objection, if any, within fifteen days from the date on which the notice has been served.
If there is no statement of objection within the time period prescribed in (3), it shall be deemed that such distribution account is final and the executing officer shall pay the money to persons in accordance with such distribution account.
Section 341. In the case where there is a person filing a statement of objection under section 340, the executing officer shall issue writs of summons for all judgement creditors, holders of any right over the property, co-owners and judgement debtor to give explanation at a prescribed time and place, provided that at least three day’s prior notice must be made. Such person may appear in person according to the summons or may appoint an attorney to act on his or her behalf.
After examining and considering statements of objection and hearing explanation from the persons appearing according to the summons, the executing officer shall issue an order confirming or amending the distribution account and read such order to the persons appearing according to the summons and cause them to affix their signatures for acknowledgment.
In the case where the order cannot be issued on the prescribed date, the executing officer shall notify the persons appearing according to the summons or as scheduled of a scheduled date to which he or she postpones for hearing the order and cause them to affix their signatures for acknowledgement.
If the person under paragraph one fails to appear according to the summons or as scheduled by the executing officer, he or she shall be deemed to have acknowledged the scheduled date and the order of the executing officer.
Section 342. In the case where the executing officer issues an order confirming the distribution account, the person filing a statement of objection under section 340 may file a motion objecting to such order with the court within seven days from the date on which the order is read.
In the case where the executing officer issues an order amending the distribution account, any of the persons under section 341 may file a motion objecting to such order with the court within fifteen days from the date on which the order is read.
In the case where there is a person filing the motion of objection under paragraph one or paragraph two, the executing officer shall postpone the distribution until the court issues an order thereon, or shall make a provisional distribution according to section 343.
If there is no person filing the motion of objection under paragraph one or paragraph two, the distribution account shall be deemed to be final, and the executing officer shall make payment to persons in accordance with such distribution account.
The order of the court under this section shall be final.
Section 343. When the executing officer views that the postponement of distribution until the property against which execution is sought has been entirely disposed of or until the claims brought to the court have been finally settled will cause damage to all or any of the persons entitled to a portion of the proceeds of the property subject to the execution, the executing officer shall have the right to distribute the proceeds insofar as sufficient to make the payment as provided in section 340, section 341 and section 342, provided that the executing officer has reserved the amount of money for payment of all execution costs already incurred or to be incurred and for payment of any disputed claims.
Section 344. When all of the persons interested in execution are satisfied with the portion received, if there is any remainder of the proceeds from the sale or disposal of property after deduction of execution costs and such remainder is subject to payment to the judgement creditors under section 329 or is otherwise attached, the executing officer shall pay the remainder in accordance with section 329 or with an order of attachment of claims, as the case may be.
If the net proceeds from the sale or disposal of property are no longer required for execution or there is a remainder of the proceeds from the sale or disposal of property after deduction of execution costs and payment to the satisfaction of all judgement creditors, the executing officer shall pay the net proceeds or the remainder to the judgement debtor. If property of a third party has been disposed of for the benefit of the judgement debtor, the net proceeds or the remainder shall be paid to such third party.
If any property under section 323 has already been sold and there is a final judgement given in favour of the person making the allegation, the executing officer shall pay the proceeds from the sale to such person.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
PART XI – ARREARS
Section 345. All arrears held by a court or an executing officer, which are not claimed by the person entitled thereto within five years, shall vest in the State.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
CHAPTER III – EXECUTION IN CASE OF RETURN OR DELIVERY OF SPECIFIC THING
Section 346. With regard to execution of a judgement or an order of a court compelling a judgement debtor to return or deliver a specific thing to the judgement creditor, if the provisions of this Chapter do not specifically prescribe the measure of execution, the provisions of Chapter II Execution in Case of Money Debt shall apply, mutatis mutandis.
Section 347. In the case where a judgement or an order of a court requires a judgement debtor to return a specific thing to the judgement creditor or deliver a specific thing to the judgement creditor for the performance of an obligation under any claim, the executing officer shall have the power to seize such thing in order to proceed to comply with the judgement or order.
If the specific thing of a judgement debtor required to be delivered to the judgement creditor for the performance of an obligation under a claim has already been seized or attached for payment of money debt in another case, the judgement creditor shall be entitled to file a motion with the court issuing the writ of execution, before the sale by auction or disposal by other means, for issuance of an order directing an executing officer to deliver such thing to him or her, provided that such person must demonstrate to the satisfaction of the court that the judgement creditor who requests the seizure or attachment of the thing in such other case is able to carry out execution against the judgement debtor’s other property which is sufficient for this purpose. In this regard, the court shall notify the executing officer and may issue an order staying the execution during taking consideration. In such case, the judgement creditor shall reimburse the expenses incurred from the seizure or attachment of the thing to the judgement creditor who requests the seizure or attachment of the thing in such other case, and the judgement creditor in such other case shall be exempted from paying the executing officer’s fees.
If the judgement creditor is unable to demonstrate to the satisfaction of the court as provided under paragraph two, the court shall issue an order granting the judgement creditor the right to participate in the distribution of the proceeds derived from the sale or disposal of property of the judgement debtor in such other case. In this case, section 326 and section 329 shall apply.
Section 348. With regard to execution in the case where a court renders a judgement compelling a judgement debtor to return or deliver to the judgement creditor a specific thing whose ownership is registered or under the certificate of utilisation, the executing officer shall notify the competent authority or registrar to proceed with the registration.
With regard to execution in the case where a court renders a judgement compelling a judgement debtor to return or hand over specific immovable property, if there is any obstruction or interruption to the return or handing over of such immovable property to the judgement creditor, the provisions of Chapter IV Execution in Case of Eviction shall apply, mutatis mutandis.
Section 349. With regard to execution compelling a judgement debtor to return or deliver a specific thing, the judgement creditor shall be exempted from the executing officer’s fees.
A judgement debtor shall be liable for the execution costs paid by the judgement creditor in a case in which the judgement requires the return or delivery of a specific thing, including the costs and execution costs paid by the judgement creditor in such other case under section 347 paragraph two, which shall be deemed to be the costs and execution costs required to be paid on behalf of the judgement creditor in the case in which the judgement requires the return or delivery of the specific thing.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
CHAPTER IV – EXECUTION IN CASE OF EVICTION
Section 350. With regard to execution in the case where a judgement or an order of a court requires a judgement debtor to be evicted from immovable property, a dwelling or a thing in the possession, the executing officer shall proceed in accordance with section 351, section 352, section 353 and section 354.
With regard to execution in the case where a judgement or an order requires a judgement debtor to demolish a structure, a tree, emblements or crops or to remove property out of immovable property, a dwelling or a thing in the possession, the executing officer shall proceed in accordance with section 355.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
PART I – EXECUTION IN CASE WHERE A JUDGEMENT DEBTOR IS REQUIRED TO LEAVE THE IMMOVABLE PROPERTY, DWELLING OR THING IN THE POSSESSION
Section 351. In the case where a judgement or an order of a court requires a judgement debtor to be evicted from immovable property, a dwelling or a thing in the possession:
- if there is no longer a person residing in such thing, the executing officer shall proceed in accordance with section 352;
- if the judgement debtor or his or her dependent refuses to leave such thing, the executing officer shall proceed in accordance with section 353.
Section 352. In the case of section 351 (1), the executing officer shall have the power to hand over such thing, in whole or in part, to the judgement creditor for immediate possession. If the handing over is hindered by any obstruction, the executing officer shall have the power to remove such obstruction as necessary.
If there is any article of the judgement debtor or of any other person remaining in such thing, the executing officer shall prepare a list of such articles, and shall have the power to take the following actions:
- If such article is of a perishable nature or is dangerous by nature, or delay will likely cause risks of loss or incur expenses which exceed the value of such article, the executing officer shall have the power to immediately dispose of such article by a sale by auction or any other means as he or she sees fit and retain the net proceeds after deduction of the expenses in substitution for such article, or to destroy such article, or to take any other action as he or she sees fit, taking into account the nature of the article, benefits of the interested persons and public interests.
- If such article is not an article specified in (1), the executing officer shall have the power to take such article into his or her custody or assign it to be in custody of the judgement creditor or deposit it at any place or with any person as he or she sees fit, and then make a notice or an announcement for the judgement debtor or owner of the article to take return of it within a period of time prescribed by the executing officer. If the judgement debtor or owner of the article fails or refuses to take return within the prescribed period of time, the executing officer shall take the action in accordance with (1), mutatis mutandis.
With regard to the proceeds received by the executing officer from the disposal of the article under paragraph two (1) or (2), if the judgement debtor or owner of the article does not claim the return of the same within five years from the date of receipt of a notice of the executing officer, they shall vest in the State.
In the case where the article under paragraph two is seized or attached or its transfer, removal or disposal is prohibited in accordance with interim relief or for the purpose of execution in another case, the executing officer shall have the power to remove such article for keeping in another place as he or she sees fit, provided that the executing officer shall also notify the court or the executing officer in such other case for acknowledgement.
The judgement debtor shall pay the expenses incurred from the actions carried out under this section, and they shall be deemed to be judgement debts which shall be subject to further execution.
Section 353. In the case of section 351 (2), the executing officer shall take the following actions:
- Reporting to the court for issuance of an order to arrest or detain the judgement debtor or his or her dependent, and the court shall have the power to immediately order the arrest or detention. In such case, the provision of section 363 shall apply, mutatis mutandis;
- Posting a notice directing the person residing in or possessing such thing who claims that he or she is not a dependent of the judgement debtor to file a motion with the court within fifteen days from the date on which the notice has been posted to demonstrate that he or she has special power to reside in or possess such thing.
When the judgement debtor or dependent has been arrested under (1) or in the case where such person has left such thing, the executing officer shall proceed in accordance with section 352.
Section 354. For the purpose of execution as provided in section 351, the following persons shall be deemed to be a dependent of a judgement debtor:
- A person who resides in or possesses such thing and does not file a motion with the court within the prescribed time period under section 353 (2) or files the motion but cannot demonstrate to the court that he or she has special power to reside in or possess such thing;
- A person who enters such thing during the time when the executing officer procures the judgement creditor to take possession of such thing.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
PART II – EXECUTION IN CASE WHERE A JUDGEMENT DEBTOR IS REQUIRED TO DEMOLISH STRUCTURES, TREES, EMBLEMENTS OR CROPS, OR TO REMOVE PROPERTY OUT OF THE IMMOVABLE PROPERTY, DWELLING OR THING IN THE POSSESSION
Section 355. In the case where a judgement or an order of a court requires a judgement debtor to demolish a structure, a tree planted for an unlimited period of time, emblements or crops or to remove property out of immovable property, a dwelling or a thing in the possession, the executing officer shall have the power to carry out the demolition and the removal of the property out of such thing at the expenses of the judgement debtor, and such expenses shall be deemed to be judgement debts which shall be subject to further execution.
In the case of paragraph one, the executing officer shall post a notice prescribing the demolition or removal of the property at such precinct for not less than fifteen days, and shall use such care as appropriate to the circumstances of such demolition or removal.
In dealing with the materials demolished and property removed out of the immovable property, dwelling or thing in the possession, the provisions of section 352 paragraph two, paragraph three and paragraph four shall apply, mutatis mutandis.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
CHAPTER V – EXECUTION IN CASE OF PERFORMANCE OR ABSTINENCE FROM ACTS
Section 356. With regard to execution in the case where a judgement or an order of a court requires a judgement debtor to perform or abstain from performing an act other than the cases of a judgement or an order of a court requiring a judgement debtor to return or deliver a specific thing or to be evicted as provided in Chapter III Execution in Case of Return or Delivery of Specific Things and Chapter IV Execution in Case of Eviction, the court shall have the power to prescribe any measure of execution as provided in Part I or Part II of this Chapter, except in the case where the court views that such measure of execution cannot enable the judgement or order of the court to achieve its effect, in which case the court shall have the power to prescribe measures of execution as it sees fit insofar as the nature of the execution permits.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
PART I – EXECUTION IN CASE OF PERFORMANCE OF ACTS
Section 357. With regard to execution in the case where a judgement or an order of a court requires a judgement debtor to perform any juristic act for which a judgement of a court may be substituted for the declaration of intention of the judgement debtor and such judgement or order of the court does not prescribe that the judgement may be substituted for the declaration of intention of the judgement debtor, the judgement creditor may make a request for the court to issue an order for the judgement or order of the court to be substituted for the declaration of intention of the judgement debtor.
If the declaration of intention of a judgement debtor will be complete only upon registration with a registrar, competent authority or any other person who is competent under law, the judgement creditor may make a request for the court to order the registration. In which case, such person shall carry out the registration in accordance with the order of the court.
If a document of right, such as a title deed, pre-emption certificate, certificate of utilisation, certificate of registration or title document, which is required for registration, has been lost, damaged or otherwise cannot be brought by any other reason, the court may order the registrar, competent authority or person who is competent under law to issue a substitute for such document of right. Upon issuance of the substitute, the original document of right shall be cancelled.
Section 358. With regard to execution in the case where a judgement or an order of a court requires a judgement debtor to perform any act other than the case under section 357, the judgement creditor may, in addition to making the request under section 361, if such act may be performed by a third party, make an ex parte request for the court to issue an order allowing such third party to perform the act on behalf of the judgement debtor at the expenses of the judgement debtor.
The expenses paid for the third party’s performance of an act under paragraph one shall be deemed to be judgement debts which shall be subject to further execution.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
PART II – EXECUTION IN CASE OF ABSTINENCE FROM ACTS
Section 359. With regard to execution in the case where a judgement or an order of a court requires a judgement debtor to abstain from performing an act, the judgement creditor may request the court to issue an order to arrest and detain the judgement debtor according to section 361, and request the court to also issue any of the following orders:
- To compel the judgement debtor to pay compensation for damage arising from the failure to abstain from the act;
- To demolish or destroy property resulted from the failure to abstain from the act unless the law governing such matter prescribes the measures for dealing with such property otherwise.
In the case of (1), where the court, after conducting an examination, views that such request is admissible, the court shall issue an order requiring the judgement debtor to pay compensation in an amount as it sees fit.
In the case where the court issues an order under (2), the court shall notify the order to the executing officer, and the executing officer shall proceed to comply with the order of the court at the expenses of the judgement debtor.
The request and action under this section shall not be subject to court fees. The compensation determined by the court under paragraph two and the expenses under paragraph three shall be deemed to be judgement debts which shall be subject to further execution.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
CHAPTER VI – EXECUTION IN CASE OF ACQUISITION OF PROPERTY ON THE REGISTER
Section 360. With regard to execution in the case where a court renders a judgement or an order granting or declaring that a judgement creditor or any person has acquired ownership, real right or other rights in relation to property, if such property is a thing on the register and there is an interruption preventing the register to be altered, the judgement creditor or such person may make a request for the court to order the registrar, competent authority or person who is competent under law to carry out the registration in order for the name of the entitled person to appear on the register in accordance with the order of the court. The provision of section 357, paragraph three shall apply, mutatis mutandis.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
CHAPTER VII – EXECUTION IN CASE OF REQUEST FOR THE COURT TO ARREST AND DETAIN A JUDGEMENT DEBTOR
Section 361. 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. 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. 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. 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. 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.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.
CHAPTER VIII – EXECUTION IN CASE WHERE THERE ARE GUARANTEES IN COURT
Section 366. If any person has become a bailor in a court either in writing or by any other methods for the performance of an obligation under a judgement or order or any part thereof, such judgement or order shall be enforceable against such guarantee. In this regard, the judgement creditor shall have the right to apply to the court for carrying out execution against the bailor as if he or she were a judgement debtor without instituting a new legal action against the bailor.
The provision of paragraph one shall also apply, mutatis mutandis, to guarantees for compliance with a court order in other cases.
Section 367. In the case where a party or any person has deposited a sum of money, bank’s deposit account passbook, bank’s letter of guarantee or other security payable in money with the court in accordance with the provisions of this Code or an order of the court, such as an order concerning interim relief or a stay of execution during appeal or petition or in any other cases, the judgement creditor in such case shall be entitled to apply to the court for payment of such money or for demanding payment of such money to him or her.
The application and action under this section shall not be subject to court fees.
Note: English translations of the original Thai law texts are prepared for reference purposes only.
Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.