Page 16 - แผนภูมิแสดงขั้นตอนการบังคับคดี - กรมบังคับคดี
P. 16

Seizure of Property





                                      The Court




                                   Legal Execution Department
                          Writ of execution or court order appoints the enforcement
                              officer to enforce the court judgment or order.


                       The judgment creditor files an application requesting the enforcement
                       officer to seize the debtor’s property, advances the costs, and submits
                       required documents.



       In the case where a property of a judgment debtor cannot   The enforcement officer examines such
       yet be seized due to any certain impediment that prevents   application.
       a prompt seizure, the officer may order the temporary
       prohibition of transfer, sale, removal or disposal of the
       property by the judgment debtor as necessary,  according   The enforcement officer carry out the execution
       to section 296 of the Civil Procedure Code  as prescribed by the Court in the writ of
                                                  execution according to section 278 and 284


       In the case where a property alleged by the judgment   Seizure of immovable property – Conducting
       creditor to belong to the judgment debtor is under the name   property seizure at the office, deliver
       of and owned by another person according to the register or   notification of seizure to the defendant /
       belongs to another person according to other evidence, the   registrar / interested person according to
       enforcement officer may order the prohibition of transfer,     section 312
       sale, removal, disposal, destruction, impairment of or change
       of the right in such property,  according to section 298 of
       Civil Procedure Code.
                                                  Seizure of movable property (section 303-304)



       Seizure of property (section 305-311)
            seizure of securities under the law on securities and exchange (section 305)
            seizure of a bill or any other negotiable instrument (section 306)
            seizure of shares of a judgment debtor who is a limited partner in a limited partnership or a shareholder in
           a limited company (section 307)
            seizure of patent rights, trademark rights which have already been registered or listed (section 308)
            seizure of judgment debtor’s rights in unregistered trademark, copyrights, rights to apply for a patent, rights in
           tradename or brand (section 309)
            seizure of judgment debtor’s rights to hire a property or rights to services which are susceptible of having a value
           and of being appropriated (section 310)
            seizure of judgment debtor’s rights under a license, concession certificate,  prospecting license (section 311)

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