Page 19 - แผนภูมิแสดงขั้นตอนการบังคับคดี - กรมบังคับคดี
P. 19

Eviction and Removal
                             of the Structure





        There is a person   -  Post the notification of eviction directing    A  person  files
        residing  in  the     the person who claims that he or she     a motion showing   Wait for the court
        property (section     is not an attendant of the judgment    the special power   order.
        351 (2), 353)    debtor to submit a motion to the court  with the court
                         within fifteen days from the date of the     within the period.  The court
                         notice is posted.                             dismisses
                       - Report to the court for issuance of an        the motion.
                         order to arrest or detain the judgment    A  person  fails
                         debtor or his or her attendant  to file a motion   The court grants
                                                          p e r m i s s i o n
       Eviction        - After the arrest of the judgment debtor       showing  the    confirming  the    Case proceeds
                                                                       according  to
                         or attendant, or in the case where such
       (section 350-354)    person has left the property, the     special  power   special power of   the court order
                                              within the period.
                                                          such person.
                         enforcement officer shall deliver
                         the property to the judgment creditor
                         for the possession
                       The enforcement   The judgment creditor     The judgment creditor reports to
                                                  the court for issuance of an order
                       officer  delivers   (by the police officer)  to arrest or detain the judgment
                       the  possession   proceeds to arrest
                       of the property   the judgment debtor   debtor or his or her attendant
                       to the judgment   and his dependent   (if any) and submit the civil registration
                       creditor.    to move out of the   documents of the judgment debtor
                                    property.     and the attendant. (section 361)
                      There are still   Collects and prepares   If no collection of the
                                                                items, the enforcement
                      Items  that     a list of the items, and   officer shall realize the
                      belongs  to     notify the defendant to   items by mean of sale and
                      the defendant   collect within the time
                                      specified.                keep the money in lieu of
                                                                such items.
               no  person           Being seized in other case, the enforcement   If the defendant requests
               dwelling  in         officer may deposit the item at any   to  retrieve  items  within
               the property         place deemed appropriate and shall   the  time  specified,  the
               (section 351         notify the proceeding to the court or   enforcement officer shall
               (1), 352)            enforcement officer of that case.  deliver such items to him.
                       There is no       The enforcement officer   The enforcement officer
                                         delivers the possession
                       article in the
                       property.         of such property to the   files a report with the court.
                                         judgment creditor.
                                                                 If no collection of the
                          Carry  out  the  removal   Collects and prepares a   items, the enforcement
         Removal          by having the judgment    list of the items, and notify   officer shall realize the
         of the           debtor responsible for the   the defendant to collect   items by mean of sale
        structure.        expenses            within the time specified.  and keep the money in
                                                                 lieu of such items.
                                              Being seized in other case,
                                The judgment    the enforcement officer may
                                debtor does not    deposit the item at any place   If the defendant requests
                                                                 to retrieve items within
             The judgment creditor   remove  such     deemed appropriate and shall   the time specified, the
             takes the enforcement   structure within   notify the proceeding to the   enforcement  officer
             officer to post a notice   the period.  court or enforcement officer   shall deliver such items
             prescribing the removal at       of that case.      to him.
             such a place not less than    The judgment
             15 days before commencing     debtor remove    The enforcement officer
             the execution.     such structure   delivers the possession   The   enforcement  officer
                                within  the    of such property to the   files a report with the
                                period.       judgment creditor.  court.
                    แผนภูมิแสดงขั้นตอนการบังคับคดี 17  กรมบังคับคดี กระทรวงยุติธรรม
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