Page 98 - สาระน่ารู้ด้านการบังคับคดีแพ่ง - กรมบังคับคดี

No.17

Question

What can I do when another person argues that the property
seized by an enforcement officer upon the plaintiff’s request is not
the property of a debtor (defendant)?
Answer

For property already seized by an enforcement officer, which is a plot
of land /land with structure/other types of properties, when its ownership
is contested by a third party, such party must submit a motion to the
Court, that previously issued the writ of execution, to order a release of
the seized property (an intervention). The enforcement officer shall then
postpone enforcement of the case execution pending the court’s final
decision.
Case 1 When the court issues a final order to release the seized
property, the enforcement officer shall terminate case execution.
The intervening party of said property ownership can then perform any
lawful juristic act relating to the property.
Case 2 When the court issues a final order to dismiss the case, the
enforcement officer shall continue with enforcement of the case judgement.
The final step is to put the property up for sale by public auction. The proceeds
from such sale will be used for debt repayment to the plaintiff as specified in
the court judgement.

98 Interesting facts about enforcement of civil case judgment