FLOWCHART OF ENFORCEMENT PROCESS

Transcription

1 A B C D E F 10% 29% 30% 31% FINISH FLOWCHART OF ENFORCEMENT PROCESS 75%

2 แผนภ ม แสดงข นตอน 14 Seizure of Property The Court กรมบ งค บคด Application is dismissed. Legal Execution Department Writ of execution or court order appoints the enforcement officer to enforce the court judgment or order. The judgment creditor files an application requesting the enforcement officer to seize the debtor s property, advances the costs, and submits required documents. files a report with the court, stating the reason for such dismissal. (CPC Sec. 283 Para. 2) examines such application. carries out the execution in accordance with the writ of Court Order execution (CPC Sec , 303,304) Seizure of Immovable Property The value of the property is notifies such seizure 10,000,000 Thai Baht or higher. to the judgment debtor, competent registrar, and interested person. Seizure of Movable Property notifies such seizure Property Valuation Unit to the judgment debtor and competent registrar (for motor vehicles or machinery). The value of the property is files a report with the 50,000,000 Thai Baht or higher. court and request for permission to auction. Committee on Property Value Determination If the court issues an order granting the permission to auction, the case will proceed further to the auction procedures.

3 กรมบ งค บคด Attachment of Money in Civil Cases แผนภ ม แสดงข นตอน 15 Enforcement officer examines the writ of execution and the application of attachment. In the case where the court issues an attachment order requesting for a one-time payment, the enforcement officer calculates the current amount of judgment debt. In the case where the court issues an order of provisional measure to attach money during the trial, at the time the court issuing the writ of execution, the attachment continues to be affective. The judgment creditor advances the costs, and thereafter the enforcement officer attaches the money in accordance with the application. sends the order of attachment to the third party to send the money to the enforcement officer within the time specified in the order. The third party denies the obligation asserted against him. The third party sends the money in accordance with the order. The third party fails to comply without notifying the reason. Denying in whole The attachment is not effective. Not denying in whole. sends notification of payment received. notifies the third party in writing. The enforcement officer notifies the judgment creditor. The enforcement officer notifies the third party in writing. The judgment creditor files an application to receive the money in the case. files a report with the court to commence an inquiry against such third party and request the compliance. The enforcement officer calculates fee that the judgment creditor has to pay. non - compliance The enforcement officer checks the bankruptcy/ business reorganization status of the judgment debtor. The enforcement officer shall wait until 14 days from the attachment date is lapsed. [CPC Sec. 290] may apply to the court for writ of execution against such third party and proceed therewith as if he was a judgment debtor. [CPC Sec. 312 Para. 2] files a report with the court to commence an inquiry against such third party and request the compliance. Case proceeds to Accounting Unit. Money attached fully satisfies the creditor s claim. notifies judgment debtor. distributes ths distribution account. may apply to the court for writ of execution against such third party and proceed therewith as if he was a judgment debtor. (CPC Sec. 312 Para. 2) notifies third party of the termination of attachment order. [for periodical attachment] files a report with the court, requesting an order to terminate the execution. The creditor may file an objection to the distribution account with the court. The judgment creditor and judgment debtor examine the distribution account. The procedures proceeds according to the court order. s files the distribution account with the court.

4 แผนภ ม แสดงข นตอน 16 Eviction and Removal of the Structure กรมบ งค บคด There is a person residing in the property. A person files a motion showing the special power with the court within the period. The court grants permission confirming the special power of such person. The court dismisses the motion. Case proceeds according to the court order. Eviction The judgment creditor notifies the enforcement officer to post a notice informing any person, who alleges that he is not adependent of the judgment debtor, to file a motion to show the special power to the court within 8 days. A person fails to file a motion showing the special power within the period. The judgment creditor reports to the enforcement officer. Then, the enforcement officer files a report with the court, requesting for a arrest or detention. The judgment creditor (by the police officer) proceeds to arrest the judgment debtor or his dependent to move out of the property. The enforcement officer delivers the possession of the property to the judgment creditor. There are still articles that belongs to the judgment debtor. In the case where there are no damages, the enforcement officer shall produce the account of articles and notify or announce to the judgment debtor to retrieve them within the time specified. If the judgment debtor does not retrieve articles within the time specified, the enforcement officer shall file a report with the court, requesting for permission to auction, and thereafter keep the net proceeds for the owner to retrieve. There is no person residing in the property. In the case where there are damages, such article will be seized. If the judgment debtor requests to retrieve articles within the time specified, the enforcement officer shall deliver such articles to him. There is no article in the property. delivers the possession of such property to the judgment creditor. files a report with the court. Removal of the structure. The judgment debtor does not remove such structure within the period. The judgment creditor takes the enforcement officer to post a notice prescribing the removal at such place not less than 7 days before commencing the execution. There are no damages in the case, the enforcement officer shall produce the account of articles in the property (if any) and the list of materials ofthe structure, then notify the judgment debtor to recover such articles or materials within the time specified. The judgment creditor takes the enforcement officer to oversee the removal of the structure carried out by the judgment creditor at his own expense. If there are damages in the case, the enforcement officer shall seize the articles in the property (if any) or seize the materials of structure. If the judgment debtor does not retrieve articles with the time specified, the enforcement officer shall file a report with the court requesting for permission to auction, and thereafter keep the net proceeds for the owner to retrieve. If the judgment debtor requests to retrieve articles within the time specified, the enforcement officer shall deliver such articles to him. The judgment debtor removes such structure within the period. delivers the possession of such property to the judgment creditor. files a report with the court.

5 กรมบ งค บคด Public Auction แผนภ ม แสดงข นตอน 17 The Court Seizure File Permission to auction Property sold Examining, publishing announcement of public auction, notifying interested person Objection to the auction submitted to the court Auction The court receives the objection. Auction stayed The court issues an order. Movable property - No bid - Absence of Judgment Creditor - Invalid service of documents Immovable property - No bid - Grounds under CPC Sec. 309 bis - Invalid service of documents Stay of execution Creditor agrees to a stay of execution/ does not advance execution costs. The court issues an order for a stay of execution/ for new trial. Seizure or execution ceased Creditor renounces the right to execution. Debtor pays off judgment debt. Judgment reversed Motion to release the seize property - Notifying of cessation Court order of release - Returning of of the property seized property - Collecting execution fees and costs Dismiss an objection - Amount in contract of sale paid - Transfer of the ownership of property to the purchaser Filing a report with the court No objection - Amount in contract of sale paid - Transfer of the ownership of property to the purchaser Revoke the sale by public auction - Conduct new auction - Return the money to the purchaser of the previous sale

6 แผนภ ม แสดงข นตอน 18 Bankruptcy Case Administration กรมบ งค บคด The court The court issues an order for an absolute receivership against the debtor Collect assets of the debtor (under BA Sec. 109) in order to distribute among the creditors The Official Receiver (OR) has the power to Manage assets and businesses of the debtor (BA Sec. 19, 22) Publish the court order OR examines the a g of creditors OR creditors with the court. Then, the court examines the debtor publicly, and considers the If the judgment debtor submits the his business regarding his business and asset If the judgment debtor fails to submit the his business disapproval of composition / Asset management The court examines the debtor publicly OR files a report with the court to issue a warrant of arrest against the debtor Publish the judgment / court order The debtor does not Allocation of proceeds Extension of time allocate proceeds In the case where the judgment debtor is a natural 10 years In the case where the debtor is a j it is not the s a adjudged a bankrupt, OR shall file a report with the OR court order If the debtor is not a natural person under BA Sec. 81 /1 He shall be discharged from bankruptcy immediately upon the lapse of 3 years from the date of the court adjudged him bankruptcy (BA Sec.81/1) If the debtor is a natural person under BA Sec. 81/1 OR shall file an court requesting the court to order a suspension of the running of discharge the debtor from bankruptcy before the under BA Sec. 81/1 OR announces the court order discharging the bankrupted debtor from bankruptcy The court shall examine the debtor and issue an order under BA Sec. 81/1 Upon the lapse of 3 years from the date the court adjudged him bankrupt

7 กรมบ งค บคด Distribution of Proceeds in Civil Cases Proceeds of realization, money seized or claim attached แผนภ ม แสดงข นตอน 19 creates the distribution account of the case The creditor examines the distribution account Creditor Creditor and Interested Person If there is no objection statement filed against the distribution account If the creditor files an objection statement against the distribution account within the prescribed time ** If there is no objection statement filed against the distribution account within the prescribed time ** If the creditor files an objection statement against the distribution account within the prescribed time ** Enforcement officer distributes the proceeds to the creditor examines the distribution account, adjusts and confirms such account Enforcement officer distributes the proceeds to the creditor examines the distribution account, adjusts and confirms such account If the creditor is not satisfied with the order of the enforcement officer, such creditor is entitled to file a request by motion against the order of the enforcement officer with the Court of the First Instance within 7 days from the date of the reading or delivery of the order If the creditor is not satisfied with the order of the enforcement officer, such creditor is entitled to file a request by motion against the order of the enforcement officer with the Court of the First Instance within 7 days from the date of the reading or delivery of the order Remark : **The period of filing the objection statement against the distribution account within 7 days from the date of receipt of such account

8 แผนภ ม แสดงข นตอน 20 **Required Documents For Natural person (In Person) The ID card of the person or other cards with photograph issued by a government agency (By authorizing an appointee) The Power of Attorney (the LED s form) The ID card of the appointer and the appointee, or other card with photograph issued by a government agency For Juristic Person (In Person) The ID card of the authorized director of the juristic person or other card with photograph issued by a government agency T h e C e r t i fi c a t e o f registration of the Juristic person issued b y D e p a r t m e n t o f Business Development, Ministry of Commerce, or a copy of such document certified by the registrar (By authorizing an appointee) The ID card of the appointer and the appointee, or other card with photograph issued by a government agency The Power of Attorney (the LED s form) T h e C e r t i fi c a t e o f registration of the juristic person issued by Department of Business Development, Ministry of Commerce,or a copy of such document certified by the registrar Receiving Payments in Civil Cases Any interested person submitted the LED notice to receive payment and the statement to receive the payment to the enforcement officer entitled to payment in the case The office clerk receives the documents, and checks the bankruptcy / business reorganization status of the interested person. examines the documents** and issues an order. The interested person receives payment by him / herself or by appoinment. Remarks : The accounting officer pays the proceeds to the interested person The interested person receives payment by wire transfer. กรมบ งค บคด Civil Case Enforcement Bangkok Office 1-6 Legal Execution Offices and Branches **Required documents for the wire transfer to bank account Copy of the page of the account book that shows the account number In the case of the entitled person has deceased, the heir of such person may file an application with the court to appoint the administrator of the deceased s estate or make a request with the court for repayment. After the court grants the permission, the heir of the entitled person shall present the court s order certified by the director of the court or his representative before the enforcement officer to receive the payment. In the case of name change, please present the name change certificate to the enforcement officer. If the name of the entitled person, either surname or first name, differs from what appeared in the writ of execution, the entitled person shall bring such writ of execution and file a motion to the court to alter it, and subsequently presenting the amended writ of execution to the enforcement officer to receive the payment.

9 กรมบ งค บคด Distribution of Proceeds in Bankruptcy Case All debtors money collected (Proceeds of realization, money seized or claim attached) แผนภ ม แสดงข นตอน 21 The Official Receiver (OR) creates an account clarifying income and payment lists pursuant to section 95, 96 The Official Receiver creates a distribution account The Official Receiver makes an appointment of the distribution account approval to all interested parties The Official Receiver notifies all inter esting parties to check and approve correctness of the account If these is an objection statement against the distribution account If these is no statement against the distribution account The interested party approves of the account The interested party objects to the account objecting to entire account objecting to only part of the dissenter distribution notifying an amount of distribution of each parties The interested party receives a payment The Official Receiver investigates the objection statement The Official Receiver investigates the objection statement distribution proceeding Upon to be informed the order, the creditor is entitled to file an objection motion to the court within 7 days The Official Receiver investigates the objection statement notifying other creditors who are entitled to receive payment of the amount of distribution distribution proceeding

10 แผนภ ม แสดงข นตอน 22 Receiving Payments in Bankruptcy Cases กรมบ งค บคด Any interested person entitled to payment in the case, who received a notice from the Asset Tracking and Distribution of Dividends in Bankruptcy Cases Division, LED. Required Documents For Natural person (In Person) The ID card of the person or other cards with photograph issued by a government agency For Juristic Person (In Person) The ID card of the authorized director of the juristic person or other card with photograph issued by a government agency The Registration of Certificate of the Juristic P e r s o n i s s u e d b y Department of Business Development, Ministry of Commerce, or a copy of such document certified by the registrar Contact the front office Present the evidence and required documents before the officer Filling out the information in the receipt The officer examines the evidence and required documents together with the receipt, as well as checks the bankruptcy status of the parties in the case The person entitled waits to receive the payment at the Financial Administration Division, LED Required Documents For Natural person (By authorizing an appointee) The Power of Attorney (the LED s form) The ID card of the appointer and the appointee, or other card with photograph issued by a government agency For Juristic Person (By authorizing an appointee) The ID card of the appointer and the appointee, or other card with photograph issued by a government agency The Power of Attorney (the LED s form) The Registration of Certificate of the Juristic Person issued by Department of Business Development, Ministry of Commerce, or a copy of such document certified by the registrar Remarks : In the case of the entitled person has deceased, the heir of such person may file an application with the court to appoint the administrator of the deceased s estate or make a request with the court for repayment. After the court grants the permission, the heir of the entitled person shall present the court s order certified by the director of the court or his representative before the executing officer to receive the payment. In the case of name change, please present the name change certificate to the officer.

11 กรมบ งค บคด Business Reorganization แผนภ ม แสดงข นตอน 23 A person under BA Section 90/4 files a petition for business reorganization with the court The court may issue an order in 2 cases 1 2 The court dismisses the petition The court accepts the petition and proceeds with a hearing The debtor is protected under section 90/12 The court may issue in 3 cases 1 2 The court dismisses the case The court issues an order commencing the business reorganization without appointing the plan preparer 3 The Official Receiver convenes a meeting of creditors to select a plan preparer. The court issues an order commencing the business reorganization and appointing the plan preparer The meeting agrees with the nominated plan preparer The meeting is unable to elect the plan preparer The court appoints the plan preparer. The court shall issue an order cancelling the business reorganization order. The plan preparer has the authority to manage the business. The Official Receiver announces the court s order. The plan preparer proceeds with the plan for business reorganization and files it to the Official Receiver. The Official Receiver convenes a meeting of creditor for approval of the plan The creditor(s) may file a claim for repayment of debts for business reorganization. The Official Receiver examines proof of claims. The meeting approves the plan The meeting disapproves the plan Inquiry of the court The court disapproves Inquiry of the court The court approves The plan administrator continues to administer the business The court shall dismiss the petition for the business reorganization and order an absolute receivership. or The court shall issue an order cancelling the business reorganization. The court shall dismiss the petition for the business reorganization and order an absolute receivership. or The court shall issue an order cancelling the business reorganization. The plan succeeds. The court shall issue an order cancelling the business reorganization The plan failed. Inquiry of the court The debtor s executive resumes the authority to manage the business The court orders an absolute receivership or The court shall issue an order cancelling the business reorganization.

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13 FLOWCHART OF ENFORCEMENT PROCESS http : กรมบ งค บคด กรมบ งค บคด 189/1 ถนนบางข นนนท แขวงบางข นนนท เขตบางกอกน อย กร งเทพฯ โทรศ พท สายด วน 1111 กด 79 Legal Execution Department, Ministry of Justice 189/1 Bangkhunnon Road, BangKhunnon Sub-District, Bangkok Noi District, Bangkok 10700, Tel , Hotline 1111 ext. 79