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from such sale will be paid as debt repayment to the plaintiff. If the
proceeds from the sale are insufficient, more of the defendant’s properties
shall be seized for full debt repayment to the plaintiff.
In the above example, the creditor (the plaintiff) requests for
seizure of the mortgaged land property under title deed No. XXX,
which is located in Thub Thiang Sub-district, Mueang District of Trang
Province, with the debtor’s (the defendant’s) structure on 7 July 1999.
The enforcement officer sold the property by public auction on 2 December
1999 for 690,000 baht. It appears that the accounting debt owed to the
creditor which includes the principal and its calculated interests up to
2 December 1999, amounts to 908,030.96 baht. When the proceeds from
the auction sale of 690,000 bath was deducted by the auction expenses
and fees of 40,551 baht (690,000 – 40,551), the remaining proceeds of
649,449 baht were paid to the plaintiff (908,030.96 – 649,449), the debtor
had the outstanding debt of 258.581.96 bath plus interests calculated
at the rate of 7.5%. The creditor can request for seizure of the debtor’s
(the defendant’s) other properties within the case’s 10-year prescription
period from the court judgement or court order date.
No.15

Question

In a “seizure of property” which is a household property or a car,
a motorcycle or machinery, why does the plaintiff have to accompany
an enforcement officer?

Answer

A seizure of property by an enforcement officer must be performed
under the lead of the person specified in the writ of execution. When the facts
in the writ of execution appear that the plaintiff won the case, the court
shall appoint the plaintiff to lead the seizure. If it is the defendant who won
the case, the court shall appoint the defendant to lead the seizure. That
person must be present at the place of seizure to identify the property to be
seized by the enforcement officer, and must assist the enforcement officer
as requested. The enforcement officer is accompanied by the leader during
a seizure (either the plaintiff or the defendant who won the case) under the
court order.
96 Interesting facts about enforcement of civil case judgment