Legal Execution Department (LED) announces that the Civil Procedure Code (No. 30) was published in the Government Gazette on 6th July 2017 and will come into force after the lapse of 60 days after the date of publication. This will take effect on 5th September 2017 The adjustment of this law is the reformation of the legal execution law due to the fast changing of economy and society. Therefore, the related enforcement of judgment law need to be adjusted, resulting in efficiency in the enforcement of judgment, reducing the complex steps and the chances of utilizing legal loophole for the dilatory act, including to set the protection measures for the party and related person, affect to the fast adjustment execution and the efficient justice for people. Moreover, these will boost economic growth and enhance the competitiveness of our country. The essence of the Civil Procedure Code (NO.30) • Increasing the value of the properties that are not liable to the execution which are apparel and bedding requisites, household equipment or personal equipment value of which does not exceed 20,000.- baht. Animal items tools and equipment necessary for the engagement of occupation, the approximate value of which does not exceed 100,000.- baht. The enforcement officer may set higher value as demonstrated by the judgment debtor. • Identifying the amount of monetary claim of judgment debtor that cannot be attached, for example, salary, wages, in an amount not exceeding 20,000.- baht, gratuities, recompense in an amount not exceeding 30,000.- baht or the amount deemed appropriate by the enforcement officer. • Identifying the specific enforcement method to new kind of properties, for example, shares, trademark, patent etc. • Reducing steps in submitting an application to the court for the public auction. • Allowing creditors, judgment debtor, interested persons, for example, co-owners, mortgagor, to buy properties from the public auction or to find another person to make a bid in the sale of public auction so as to get the satisfied price. • Dismiss the right to object the price of sale by public auction, bound the proposal, and request to annul the sale at public auction that the price is unreasonably low. • The right of a person who has interest to modify the process of sale, in which to divide or to group the properties, in case of seize of several pieces of properties, by requesting before the date of sale at public auction but no later than three days from the date the sale method. • Time for a person who alleges that the judgment debtor is not an owner of the seized property, by submit a request to the Court within sixty days from the date that property is seized. • The buyer may file a motion to the Court having jurisdiction over the property for the Court order to move the judgment debtor without filing a fresh legal action to evict them. Achievement of the Civil Procedure Code (No. 30) • Prescribe the explicit period that cause to prompt and more effective execution, reduce the impeding of procedure from using the gap of the law and does not result in benefit to any side, provided that the long period of execution that causes the judgment creditor does not receive the judgment debts and the judgment debtor has to undertake the expedite interest, including the deterioration of the seized property and impact to the price of sale by public auction. • Develop the legislation involving the execution of judgment to the modernization and more effective, and harmonize with the global standard. • Positive factors for the evaluation of Ease of Doing Business of The World Bank, especially the indicator No.9, Enforcing Contracts.
