Page 97 - สาระน่ารู้ด้านการบังคับคดีแพ่ง - กรมบังคับคดี

No.16

Question

Why does it take so long to put up seized properties for sale?
Answer

Seizure of property is divided into a seizure of land or land with structure
and seizure of household properties or other types of properties. Upon seizure
of land or land with structure property a copy of its Nor.Sor. 3 or Nor.Sor. 3 Kor
and title deed by the enforcement officer, as requested by the plaintiff,
the next step is for the enforcement officer to notify the possessor of such
land to submit said documents to supplement its sale by public auction.
If the possessor postpones submission of the document on the grounds that
it has been placed with another person (as collateral for debt repayment)
or ignores said notice without giving any reasons within the prescribed date,
the enforcement officer will then put the land up for sale by public auction
and use a copy of said document. This step usually takes a reasonably long
period of time to execute.
In the case where the enforcement officer already has the original
entitlement document or seizure of household properties, it does not take
long to put the properties up for sale by public auction. However, it also
depends on whether the plaintiff will request for a stay of execution or not.
Such request must have the defendant’s consent. When it later appears
that there is a default in debt payment, the plaintiff will ask the enforcement
officer to set up another auction sale. The requested stay of execution period
can be six months or one year.

Interesting facts about enforcement of civil case judgment 97