Page 114 - สาระน่ารู้ด้านการบังคับคดีแพ่ง - กรมบังคับคดี

No.15

Question

Can a debtor request for reduction in the salary attachment and to
what extent?
Answer

If the debtor has certain necessities, the enforcement officer can consider
the changing circumstances and reduce the amount of the debtor’s attached
salary by no more than half of the original amount of attachment.
The debtor must submit supporting evidences to the enforcement officer
for consideration, namely, evidences of the debtor’s subsistence needs such
as the costs of utilities, housing rentals, and living allowances for parents,
spouse and children, etc.
If it is necessary for the debtor to ask for more reduction in salary
attachment than the amount determined by the enforcement officer,
the debtor can file a motion for such reduction to the court. However,
the creditor can also oppose the enforcement officer’s attachment
reduction order to the court. A reduction in the salary attachment will lengthen
the period of debt repayment and result in the debtor having to pay more
interests for the debts.

114 Interesting facts about enforcement of civil case judgment Interesting facts about enforcement of civil case judgment 115