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No.13

Question

In the case that an enforcement officer has ordered attachment of
the debtor’s salary by leaving the remaining amount of no less than
20,000 baht,
a. can a creditor in another case request further attachment and
for how much?
b. if the debtor later requests a reduction in the salary attachment
to 50 percent and the enforcement officer has ordered such reduction,
can the creditor in another case request attachment of such reduction
in the salary attachment?
c. on the contrary, if the creditor in the first case asks the enforcement
officer to attach only 50 percent of the salary, can the creditor in
another case ask the enforcement officer to attach the other 50 percent
of the salary which has not been attached?
Answer

a. In the case that the enforcement officer has already ordered
attachment of the debtor’s salary in excess of 20,000 baht. The remaining
amount of 20,000 baht is deemed by the enforcement officer to be the
debtor’s subsistence allowance. Therefore, the creditor in other cases cannot
ask the enforcement officer to attach this 20,000 baht subsistence alllowance
because it is not liable to execution.
b. In the case that the enforcement officer reduces the original amount
of attachment to 50 percent, it is because the enforcement officer deems
that the subsistence circumstances of the debtor has changed. Therefore,
a reduction to 50 percent of the original attached amount is not liable to
attachment.
c. In such case, it is the Legal Execution Department’s salary attachment
practice to take the debtor’s subsistence circumstances into consideration
and leave an amount of no less than 20,000 baht for this purpose. If the
creditor in the first case has not asked the enforcement officer to attach the
full amount of income in excess of 20,000 baht, the creditor in subsequent
cases can request for attachment of such amount.

112 Interesting facts about enforcement of civil case judgment Interesting facts about enforcement of civil case judgment 113