Page 87 - สาระน่ารู้ด้านการบังคับคดีแพ่ง - กรมบังคับคดี

No.3

Question

Can a creditor request for seizure of land whose ownership/possessory
right is in the name of the judgement debtor’s de facto husband/wife?

Answer

An enforcement officer cannot seize land that has been jointly acquired
or obtained while a couple is living together as husband or wife but its
ownership is not in the judgement debtor’s name.

No.4

Question

Can a creditor request for seizure of land that the debtor has
mortgaged with a bank or another person?

Answer

It can be seized following the outcome of the case execution. If the
mortgagee files a request for preferential debt repayment (for the mortgage
debt) to the court and the court orders that proceeds from the sale of seized
property by public auction, minus expenses, shall be paid as debt repayment
to the mortgagee first, any remaining amount will then be delivered to the
plaintiff. Unless the mortgage creditor agrees to sell the seized property with
wraparound mortgage, the proceeds from the sale of seized property by public
auction, minus expenses, will be paid to the creditor plaintiff who is entitled
to receive reimbursement of the auction sale expenses.

Interesting facts about enforcement of civil case judgment 87