Thailand Civil Procedure Code Section-292-294

PART IX

WITHDRAWAL  OF  EXECUTION


Section 292.293    An executing officer shall withdraw execution in the following cases:

  1. When the court issues an order to withdraw execution because the judgement debtor files an appeal or petition and deposits a sum of money with the court in the amount sufficient to cover the judgement debts, including costs and execution costs, or furnishes a guarantee for such amount to the satisfaction of the court.
  2. When the court issues an order to withdraw execution because the judgement, under which execution has been sought, is reversed or dismissed or the writ of execution is However, if the judgement, under which execution has been sought, is only partially reversed, execution may continue to be carried out until the money collected is sufficient to satisfy the judgement creditor.
  3. When the court notifies the executing officer that the court has issued an order granting a new trial of the case under section 199 quiquies, paragraph three or section 207.
  4. When the court issues an order to withdraw execution under section 293.
  5. When the judgement debtor deposits a sum of money with the executing officer for payment of the judgement debts, including costs and execution costs.
  6. When the judgement creditor notifies the executing officer in writing that he or she renounces the right to executive In such case, the judgement creditor shall no longer be able to carry out execution against the judgement debtor for the same obligation;
  7. When the judgement creditor notifies the executing officer in writing that he or she requests to withdraw executor

Section 293.294 If a judgement creditor fails to carry out execution within a period of time prescribed by an executing officer, the executing officer shall report to the court to request the court to order withdrawal of such execution.

Section 294.295 In the case of seizure of property which is not money or in the case of seizure or attachment of money or attachment of property and it is not sold or disposed of because the executing officer has withdrawn such execution himself or herself or according to a court order and the person requesting the seizure or attachment fails to pay execution costs, the executing officer shall report to the court requesting it to conduct execution against property of such person in order to pay the execution costs. In such case, it shall be deemed that the executing officer is a judgement creditor and the person requesting the seizure or attachment is a judgement debtor with respect to such execution costs. The executing officer may carry out the execution himself or herself with the exemption of all fees.

Unofficial Translation Chaninat and Leeds Ltd. Thailand Divorce Attorneys

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