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No.16

Question

In the case that the court rules that a debtor must pay monthly
alimonies but the debtor has failed to do so for more than one year,
can the creditor ask for attachment of the debtor’s salary for both the
current amount and the amount in arrears?
Answer

In the case that the court ordered a debtor to make monthly payments,
the enforcement officer will attach the amount ordered by the court without
enforcing the provisions of Section 302(1) of the Civil Procedure Code (even
though it will result in the debtor having the salary after attachment less
than 20,000 baht). Therefore, the creditor can ask the enforcement officer to
order the debtor to pay monthly alimonies from the date that the creditor
files a motion for salary attachment (as ordered by the court).
For the alimonies in arrears, if the creditor wishes to ask for additional
salary attachment, the creditor can inform the enforcement officer to make
such attachment. However, the enforcement officer will take the facts of
the case into consideration before issuing an order. Parties to the lawsuit
can submit a motion to the court to order otherwise.
The creditor can lead the enforcement officer to seize
the debtor’s property or to attach the
debtor’s other rights to claim to pay for
the alimonies in arrears as stipulated in
the court judgement.

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