Page 95 - สาระน่ารู้ด้านการบังคับคดีแพ่ง - กรมบังคับคดี

No.13

Question

In the case that a creditor wishes to request for seizure of the
debtor’s house.
Answer

The creditor must ascertain whether the house really belongs to
the debtor but is built on another person’s land with the consent of the
landowner (i.e. the house is not a component part of the land). In this case
the creditor can request for its seizure.
No.14

Question

After a mortgaged property is seized and sold by public auction,
why does an enforcement officer still have to seize more of the
debtor’s properties?
Answer

In the case that a writ of execution states that if the proceeds from
the sale of mortgaged property is insufficient to make debt repayment in
full, additional properties can be seized. When proceeds from the sale of
mortgaged property by public auction is insufficient to pay the amount of
debts specified in the court order and there still is accounting debt owed to
the plaintiff, the plaintiff can continue to request for seizure of the debtor’s
property to enforce payment of the remaining debts for another 10 years
from the court judgement or court order date.
Example: Under a writ of execution in which the court rules on 10 March
1999 that the debtor (the defendant) shall make debt repayment to the
creditor (the plaintiff) for the amount of 800,000 baht at an interest rate of
7.5 percent per annum on the 750,000-baht principal from the case filing
date (1 January 1998) until completion of debt repayment. If the debtor
(the defendant) fails to pay such debts, the land with a structure under title
deed No. XXX, which is located in Thub Thiang Sub-district, Mueang District
of Trang Province, shall be seized and sold by public auction. The proceeds
Interesting facts about enforcement of civil case judgment 95