Page 89 - สาระน่ารู้ด้านการบังคับคดีแพ่ง - กรมบังคับคดี

No.6

Question

If I want to ask for seizure of a debtor’s portion of land that he/she
has joint ownership/possessory right with another person, how should
I proceed?
Answer

• In the case that the joint land ownership/possessory right that
the debtor has with another person is not clearly specified, all parties are
deemed to have equal ownership/possessory right under the law (i.e. all
parties have co-ownership over every square wah of that piece of land).
A request for seizure will apply to the entire piece of land. When the case
execution is enforced and the land is sold, the enforcement officer will set
aside and later disburse half of the proceeds from the sale of land to the
person(s) with joint ownership/possessory right.
• In the case that the joint land ownership/possessory right
that the debtor has with another person is clearly specified and the
creditor requests for its seizure, the enforcement officer will seize and
sell only the portion of land that belongs to the debtor. If no other
judgement creditors apply for a share of the property, the proceeds received
from such sale will be paid as debt repayment to the plaintiff after the
enforcement officer finished preparing the distribution account.

Interesting facts about enforcement of civil case judgment 89