On 30th November 2017 at Magna Carta Law Office, The Kleshas Defence College, class 17, was discussing and sharing experiences from being involved and travelling to the Buddhist dharma pilgrim in India, and to be guided in the use of principles to aid the Precept, Concentrate, Wisdom to... Read more
What is a Legal Execution in Civil Cases?
Civil cases generally involve private disputes between persons or organizations. Civil Case arises when one party (plaintiff) files a legal action to the court against another party (defendant). This is usually with a claim that the defendant has failed to carry out a legal obligation owed to them. Therefore, the defendant must fulfill that obligation and/or make monetary compensation, or to act or abstain from a certain act.
When the court awarded its decision but the losing party disregards it, a Legal Execution action by an Executing Officer will come into place. Legal Execution Action starts by requesting the court to issue a Writ of Execution and to appoint an Executing Officer. The Executing Officer, as per the Writ of Execution, may do the following:
- seize or attach the losing party’s property
- evict the losing party from his/her premise
- demolish such property
How can I get the Executing Officer to attach a Judgment Debtor’s property?
Attachment is a legal process of seizing or apprehending a property owned by the debtor for transferring to the creditor or selling for the benefit of the creditor. This ensures compliance with a judgment.
In order to get the Executing Officer to attach a Judgment Debtor’s property, you need to file a request with the Executing Officer specifying the property for attachment. You need to prepare and submit all the relevant documents. You will need a copy of the House Registration or Certificate of Incorporation of the Judgment Debtor’s Juristic Person or of those related to the claim. In addition, all documents must first be certified by relevant officers not over one month before the date of submission.
How long will the Judgment Creditor receive payment after seizing or attaching the Judgment Debtor’s property?
Judgment Creditor will receive payment after completing the auction. In the case of attaching a Judgment Debtor’s property, the Judgment Creditor will receive payment after receiving the attached amount. The Executing Officer will call upon the Judgment Creditor to examine the income and expenditure statement. If the Judgment Creditor finds the statement in good order, he/she may proceed to collect the payment. Otherwise, the Judgment Creditor may file a motion of objection to the Executing Officer who will then put the payment on hold until the case is final.
When will the auction take place?
After notifying the relevant debtors (if any) and the relevant Registrars of the seized property, the Executing Officer shall report to the court and ask for the court’s permission to start the public auction. Once permitted, the Executing Officer may announce and send a notice to the Judgment Creditor about the public auction date and venue.
What do I need to collect the payment?
The Judgment Creditor must present his/her original ID card or other identification cards (with photo) issued by any government agencies. If appointing a proxy, the proxy must bring a Power of Attorney and the Judgment Creditor’s original ID card. It is necessary to use the Power of Attorney in the official form prescribed by the Legal Execution Department In case the Judgment Creditor is a Juristic Person, a company affidavit must then be presented.
Where can I contact the Executing Officer?
It is especially relevant to check which court issued the Writ of Execution. If issued from a provincial court, you may contact the Executing Officer in such province. If issued from a court in Bangkok, you may contact the Civil Case Enforcement Bangkok Office 1-6. This office is now open to the public for proceeding convenience with the execution of civil cases including property seizure, eviction, demolition, attachment, disposal and deposit of property.
(Reference: The Legal Execution Department)