Page 92 - สาระน่ารู้ด้านการบังคับคดีแพ่ง - กรมบังคับคดี

No.10

Question

What documents are needed to supplement a request for seizure of
household properties?

Answer

In case of a request for seizure of household property:
• The creditor must submit a copy of the debtor’s house registration
(ThorRor 14).
• The creditor must place deposit for seizure expense of 1,500 baht per case.
• Upon checking the debtor’s house registration and finding the debtor to be
the owner of house under seizure of household property, the enforcement officer
can open a closed house to seize the properties identified by the creditor. In such
case, the creditor must give statement accepting any liabilities, invite a policeman
as witness to the seizure, hire a locksmith to unlock the house, and notify the
police to create a police report of the incident.
• Upon checking the debtor’s house registration and finding the debtor to be
a resident, the enforcement officer will seize the household property on the ground
that the law presumes a debtor’s properties are where he or she resides. However,
if the house is closed, the enforcement officer will not open it because the house
owner is presumed by the law to be the owner of the household properties while
the debtor is merely a resident.
• In the case that the debtor is a resident, if the house owner denies the
enforcement officer entry to the house, states that the household properties
belong to the house owner and the debtor is merely a resident, the enforcement
officer will not seize the properties and report to the court for acknowledgement.

92 Interesting facts about enforcement of civil case judgment