Page 17 - แผนภูมิแสดงขั้นตอนการบังคับคดี - กรมบังคับคดี

Attachment of Money

in Civil Cases

Enforcement officer examines the writ of execution and the application of attachment.

In the case where the court issues an attachment In the case where the court issues an order of
Prohibit Order order requesting for a one-time payment, the enforcement provisional measure to attach money during
officer calculates the current amount of judgment debt. the trial, at the time the court issuing the
writ of execution, the attachment continues
to be affective.
In the case where a claim of a judgment debtor cannot
yet be attached due to any certain impediment
that prevents a prompt attachment, the officer may The judgment creditor advances the costs,
order the temporary prohibition of transfer, sale, and thereafter the enforcement officer attaches
removal or disposal of the claim by the judgment the money in accordance with the application.
debtor as necessary, according to section 296 of the
civil procedure code
issue an attachment order and notify such
order to the judgment debtor and the third
In the case where a claim alleged by the judgment person (section 316-317)
creditor to belong to the judgment debtor is
under the name of and owned by another person
according to the register or belongs to another
person according to other evidence, the officer Consequence of the attachment [section 318-320]
may order the prohibition of transfer, sale, removal,
disposal, destruction, impairment of or change of
the right in such claim according to section 298 of The third party sends the money The third party fails to comply without
civil procedure code. in accordance with the order. notifying the reason.
The third party denies the obligation asserted
against him. The enforcement officer sends The enforcement officer notifies the third
notification of payment received. party in writing.
Denying in whole Notify the judgment creditor and the
The attachment is Not denying The judgment creditor files an application to judgment creditor may request the court
not effective. in whole. receive the money in the case. to order the third person to send the
attached money.
The enforcement The enforcement The enforcement officer The enforcement officer
officer notifies the officer notifies checks the bankruptcy/ shall wait until 15 days
judgment creditor. the third party in business reorganization from the attachment request the Court to carry out an execution
writing. status of the judgment date is lapsed. [Section against such person as if he or she were
debtor. 326] a judgment debtor [section 321]
The enforcement
officer calculates Case proceeds to Accounting Unit.
fee that the judgment non-compliance The enforcement officer notifies
creditor has to pay. judgment debtor.
Money attached fully satisfies
the creditor’s claim. Create an account showing income and
The judgment creditor report to the court expense [section 337-339]
and request the court to order the third The enforcement officer The enforcement officer
person to send the money. notifies third party files a report with the
of the termination of court, requesting an In case of multiple creditors, notify
attachment order. [for order to terminate the the creditor and debtor to examine
request the Court to carry out an periodical attachment] execution. and affirm the distribution account.
execution against such person as if
he or she were a judgment debtor, the objection of the distribution account may be
pursuant to Section 325 paragraph 5 filed to the court [section 342] The enforcement officers files the
of the civil procedure code. distribution account with the court.
The procedures proceeds according to the court order.
แผนภูมิแสดงขั้นตอนการบังคับคดี 15 กรมบังคับคดี กระทรวงยุติธรรม