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No.1

Question BONUS

When a debtor with debts from credit card and personal loan totaling
to several hundred thousand baht has been prosecuted and
the court rules that the debtor must make repay the debts, what are
the procedures for attachment of the debtor’s salary. Can the debtor
pay attached salary on his/her own?
Answer

1. After a writ of execution has been issued by the court, the judgement
creditor can request for attachment of the debtor’s salary. The enforcement
officer will conduct the attachment as follows:
• Salary, wages, pensions, reimbursements, subvention or other incomes
of the same nature of a staff member, employee or worker will be attached
as requested, but the non-attached amount that remains at that time must
not be less 20,000 baht.
• No more than 50 percent of the debtor’s bonus can be attached.
• No more than 30 percent of the debtor’s performance rewards or
overtime payment can be attached.
• Termination of employment payment can be attached but
the remaining amount after attachment must not be less than 300,000 baht.
2. When a receiver of an attachment order (the employer) receives
an attachment order from the enforcement officer, such person must strictly
comply with the order. In case of difficulty, the employer must inform
the enforcement officer or he or she may be liable to debt repayment for
the attached amount that the employer fails to deliver to the enforcement
officer, as if he or she is the judgement debtor. In that case the creditor
could submit a motion to the court to hold an inquiry into such failure in
order to force the employer to deliver the attached amount of money. If
the employer still fails to comply with the order, the creditor may ask for an
enforcement against the employer.
3. In the case that the debtor wishes to deliver the attached money
ordered by the enforcement officer on his or her own, the debtor must
reach an agreement with the employer first because it is the obligation of
the employer to deliver the attached money. When the debtor is the person
delivering the attached money, it shall be deemed that the debtor is delivering
the employer’s money. In doing so, the debtor must present a receipt issued
by the enforcement officer to the employer for acknowledgement at each
payment. If the debtor fails to deliver the attached money, the employer
will be held accountable as specified in 2.
100 Interesting facts about enforcement of civil case judgment Interesting facts about enforcement of civil case judgment 101