Thailand Civil Procedure Code Section-366-367

CHAPTER VIII

EXECUTION IN CASE WHERE THERE ARE GUARANTEES IN COURT


Section 366.367 If any person has become a bailor in a court either in writing or by any other methods for the performance of an obligation under a judgement or order or any part thereof, such judgement or order shall be enforceable against such guarantee. In this regard, the judgement creditor shall have the right to apply to the court for carrying out execution against the bailor as if he or she were a judgement debtor without instituting a new legal action against the bailor.

The provision of paragraph one shall also apply, mutatis mutandis, to guarantees for compliance with a court order in other cases.

Section 367.368 In the case where a party or any person has deposited a sum of money, bank’s deposit account passbook, bank’s letter of guarantee or other  security  payable  in money with the court in accordance with the provisions of this Code or an order of the court, such as an order concerning interim relief or a stay of execution during appeal or petition or in any other cases, the judgement creditor in such case shall be entitled to apply to the court for payment of such money or for demanding payment of such money to him or her.

The application and action under this section shall not be subject to court fees.

Unofficial Translation Chaninat and Leeds Ltd. Thailand Child Custody Attorneys

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