to Enforcement Judgment of Civil Cases Responses to Inquiries Relating Legal Execution Department, Ministry of Justice Legal Execution Department

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1 Legal Execution Department, Ministry of Justice to Enforcement of Civil Cases Judgment http : Legal Execution Department

2 to Enforcement of Civil Cases Judgment

3 2 Content What is enforcement of civil case judgment? 3 How is civil case judgment enforced? 4 How can I ask an enforcement officer to seize 4 the judgment debtor s property? How can I ask an enforcement officer to attach 7 the judgment debtor s property? What documents are needed when requesting 7 a reduction in the salary attachment? When will the judgment creditor receive 8 payment once the property is seized or attached? When will the public auction start? 9 What is needed to collect the money? 9 How can I participate in the public auction? 10 Where can I contact the enforcement officer? 14 Location of Civil Case Enforcement 15 Bnagkok Office 1-6 The Legal Execution Department Hotline 1111 ext. 79

4 3 What is enforcement of civil case Judgment? A civil case means a lawsuit brought to redress a private wrong action to enforce civil remedies including monetary compensation, injunction, or performance. If a judgment debtor does not comply with the court order or judgment, a judgment creditor shall proceed a civil enforcement procedure. The judgment creditor cannot enforce the judgment by him/herself. The enforcement needs to be done by the enforcement officers who, by law, obtain powers and duties to enforce civil cases. Recently, the enforcement officers are the government officers under the Legal Execution Department. The Legal Execution Department Tel

5 4 How is civil case judgment enforced? If you are a judgment creditor, first of all, you have to file a request with the court for a writ of execution and ask for appointment of enforcement officer. After that, you need to contact the enforcement officer to process the enforcement procedure. The enforcement officer shall seize or attach the property of the judgment debtor, evict and remove the structure, or conduct other juristic actions as the court ordered. How can I ask an enforcement officer to seize the judgment debtor s property? In order to request the enforcement officer to seize the property, you need to submit the required documents as follows; 1. Seizure of immovable property such as land or building 2,500 Baht of disbursement as an advance payment to the enforcement officer to notify the judgment debtor of the seizure and conduct the public auction. These expense will be reimbursed after the property is sold ; The Legal Execution Department Hotline 1111 ext. 79

6 5 The original certificate of ownership such as title deed, certificate of utilization (N.S.3 K.), certificate of entitlement of a condominium unit, or other document of rights. If you do not have an original document, you can bring a copy which is certified within 1 month by registry officer. In the case of seizure on copy of such documents, you must review registration index whether the court has rendered seizure or attachment order in criminal case with the registry officer or not; Copy of house registration of the judgment debtor or the owner; the certificate of condominium juristic person; or J.S.K.10 in case of land allotment, The Legal Execution Department Tel

7 6 2 copies of map showing location and direction to the property, Recent photo of the property with the statement specifying size, width, length and the conditions of the property, and The assessed price of the land, structure, or condominium unit which is certified within 1 month by registry officer. 2. Seizure of movable property such as car or household property advance payment for expenses in the amount of 1,500 Baht If such property is registered property such as firearm, car, or stock, you shall submit the certificate of registration or stock certificate. If you do not have the original document, you can submit the copy which is certified within 1 month by registry officer. You have to prepare vehicle to take the enforcement officer to seize the property at its place and assistance to help moving the property to the storage place where the enforcement officer deems appropriate. The Legal Execution Department Hotline 1111 ext. 79

8 7 How can I ask an enforcement officer to attach the judgment debtor s property? You have to request to the enforcement officer to conduct the attachment. Your statement shall define the type of property you re willing to attach. Moreover, you have to submit the copy of house registration or the certificate of registration of juristic person of the judgment debtor or other interested person associated with the right of claim. The document has to be certified within 1 month by the registry officer. You also have to submit a copy list of court fees, copy of house registration, certificate of registration of juristic person of the employer or third party who will receive the attachment order, and advance payment for expenses in the amount of 1,500 Baht. What documents are needed when requesting a reduction in the salary attachment? The documents that the judgment debtor needs to prepare for the request for reduction of attached salary are pay slip or salary certificate, receipt of The Legal Execution Department Tel

9 8 necessary expenses such as utility bill, electricity bill, or rental payment. If you have a child, you need to bring your child s birth certificate to the enforcement officer for consideration. When will the judgment creditor receive payment once the property is seized or attached? You will receive the money after the seized property is sold at the public auction. If you request for the attachment, you will receive the money after the money is delivered to the enforcement officer. After that, the enforcement officer will prepare the distribution account. You shall check the correctness before receiving the money. If you view that the distribution account is not correct, you can file an objection with the enforcement officer. The payment will be postponed until the dispute on the distribution account is resolved. The Legal Execution Department Hotline 1111 ext. 79

10 9 When will the public auction start? The enforcement officer will conduct the public auction after notifying to the judgment debtor and registry officers of the seizure. The enforcement officer will announce the public auction and posting the selling location, date and time in the public auction announcement and submit the public auction announcement to related parties in the case. Nowadays, you can review the details of property at the LED website. What is needed to collect the money? If you go to receive the money by yourself, you have to bring your national ID card or other government-issued photo identification card. If you authorize an appointee, you have to use the LED s Power of Attorney form together with your ID card. Your appointee have to bring the said documents to the enforcement officer for verification. If a judgment creditor is a juristic person, you must present the certificate of registration. The Legal Execution Department Tel

11 Symon Stany +12 (001) In case of loss, inform issuing authority. If found, please post it to given address. 10 Employee No.: CM-001 CNIC No.: Blood Group: B+ Date of Issue: 01-Oct-2016 Date of Expiry : 30-Sep-2018 Issued by Manager HR This card is non-transferable. Always carry your card during office hours. 1102/108 Albert Street, Brisbane QLD 4000 How can I participate in the public auction? Firstly, you should review the details of the property you re willing to bid before participating in public auction. You can check the property details from the public auction announcement which contains date, time and place of the public auction, conditions for the bidding, cautions for the bidders, and map demonstrating the direction to such property. The announcement deems that all participants know the conditions of the property completely. The Legal Execution Department Hotline 1111 ext. 79

12 11 If you wish to bid at the public auction, you have to deposit the security with the enforcement officer. The security could be either cash or cashier cheque payable to Civil Case Enforcement Bangkok 1 to 6, or Provincial Legal Execution Office or branches, depending on your case jurisdiction. The amount of security, procedure and conditions of public auction are stated in Ministerial Regulation on Setting Rules, Measures and Conditions of Public Auction. Unless you have the right to offset the purchased price or you are a spouse who the court permitted to hold the right to share value, you need to enter into the contract with the LED in order to sustain your right to bid such property. If you do not win the auction, the enforcement officer will immediately return your security on that day after the auction is closed. The purchaser of movable property has to pay the full price on the purchase date. Unless the price of movable property is more than 500,000 Baht, you may request to postpone the payment of the The Legal Execution Department Tel

13 12 remaining price to the enforcement officer. Your request has to specify your necessity in postponing the residual payment. If the property is immovable property such as land, land with building or condominium unit, the purchaser has to contract for bidding by using the LED s form. The security shall be deemed as partial payment. The buyer has to pay the remaining money within 15 days after the purchase date. The payment period can be extended no longer than 3 months after the 15 days period has passed. If the purchaser fails to pay the full amount of the price within the deadline, the enforcement officer shall forfeit the deposit and the purchaser whose deposit is forfeited will be kept in the LED record file. The property will be put for sale in a new auction. If the highest price, including expenses, in the renewed-auction is lower than the previous proposed price, the enforcement officer will inform the former purchaser to pay the difference within the stipulated time. If the former purchaser does not make the payment, The Legal Execution Department Hotline 1111 ext. 79

14 13 the enforcement officer will inform the interested person to proceed further legal action. ***In a case where the enforcement officer announces the renewed auction due to the previous purchaser does not pay the remaining price and such person, whose deposit is forfeited, wishes to participate in the renewed auction, he or she needs to place the extra security in an amount stated in the renewed auction. If you cannot participate in the public auction by yourself, you can authorize an appointee by making a Power of Attorney with copy of your and your appointee ID card and deposit security for bidding either in cash, cashier cheque, via EDC (Electronic Data capture) as stated in the public auction announcement. The appointee shall submit the Power of Attorney to the enforcement officer before bidding, otherwise the bid will be deemed as his or her own bid unchangeably. If the bidder is a juristic person, the certificate issued by Department of Business Development and the Power of Attorney of authorized director have to be submitted to the enforcement officer before bidding. The Legal Execution Department Tel

15 14 Where can I contact the enforcement officer? For more convenient and speedy communication with the enforcement officer, you should check which court has issued the writ of execution on your case. If your case is subject to a Provincial Court, you can contact enforcement officer in such province. If the court jurisdiction is located in Bangkok, you can contact any of Civil Case Enforcement Bangkok Office 1-6. The Legal Execution Department has established six Bangkok Offices to facilitate people in enforcing civil cases such as seizure, eviction, removal of the structure, attachment, distribution, and deposit of property. The Bangkok Offices are divided by the court jurisdictions as follows ; The Legal Execution Department Hotline 1111 ext. 79

16 15 Location of Civil Case Enforcement Bangkok Office 1-6 Civil Case Enforcement Bangkok Office 1 For civil cases under the jurisdiction of Civil Court, Bangkok North Kwaeng Court, Dusit Kwaeng Court, Central Tax Court, and Central Intellectual Property and International Trade Court Located at Pracha Niwet 1Square Building 2 nd Floor,Tessaban Nimit Nuea Road, Lat Yoa, Chajuchak District, Bangkok Telephone : (Auto 6 Line) Fax : The Legal Execution Department Tel

17 16 Civil Case Enforcement Bangkok Office 2 For civil cases under the jurisdiction of Bangkok South Civil Court, Bangkok South Kwaeng Court, Phatum Wan Kwaeng Court, and Central Labor Court Located at 43 Thai CC Tower South-Sathorn Road, Yannawa, Sathorn District, Bangkok Telephone : Fax : , , Civil Case Enforcement Bangkok Office 3 For civil cases under the jurisdiction of Min Buri Provicial Court Located at 10/1 (Seang Somboon Shopping Center) Sihaburanukit Road, Min Buri, Min Buri District, Bangkok Telephone : , Fax : Civil Case Enforcement Bangkok Office 4 For civil cases under the jurisdiction of Taling Chan Kwaeng Court, Taling Chan Provincial Court, and Central Juvenile and Family Court Located at 189/1 Legal Execution Deparment The Legal Execution Department Hotline 1111 ext. 79

18 17 Building, Bangkhunnon Road, Bangkhunnon, Bangkok Noi District, Bangkok Telephone : ext. 3101, 3210, 3330 Fax : , , Civil Case Enforcement Bangkok Office 5 For civil cases under the jurisdiction of Pra Khanong Kwaeng Court, and Pra Khanong Provincial Court Located at 223/6-12 Country Tower A 7 th Floor Sanphawut Road, Bang Na District, Bangkok Telephone : Fax : Civil Case Enforcement Bangkok Office 6 For civil cases under the jurisdiction of Thon Buri Kwaeng Court, Thon Buri Civil Court, and Thon Buri Criminal Court Located at 189/1 Legal Execution Department Building, Bangkhunnon Road, Bangkhunnon, Bangkok Noi District, Bangkok Telephone : , , ext. 2565, 2566, 2124 Fax : The Legal Execution Department Tel

19 18 The Legal Execution Department Hotline 1111 ext. 79

20 19 The Legal Execution Department Tel

21 20 The Legal Execution Department Hotline 1111 ext. 79

22 LED 4.0 Application on Mobile LED Property LED Property Plus LED Debt Info LED ABC (Application Bankruotcy Checking) LED Streaming Legal Execution Department, Ministry of Justice 189/1 Bangkhunnon Road, BangKhunnon Sub-District, Bangkok Noi District, Bangkok Tel , Hotline 1111 ext. 79