When the Court renders a decision that who shall lose a case or has to pay debts or perform some measure, if there is no further appeal or petition to the Supreme Court, such party losing the case shall be the “judgment debtor”. They must abide by the decision of the Court. Otherwise, the party who won the case can request the Court to enforce the judgment as per the court order. This process is generally known as the “legal execution” process.
The legal execution under the Civil Procedure Law of Thailand, Section 274 which stipulates “If a person has become a surety (judgment debtor) in Court by way of a bond or otherwise for the performance of an obligation under a judgment or order or any part thereof, such judgment or order may be used to enforce the execution of the guarantee without having to institute a case against the surety (judgment debtor).” In relation to legal execution if the judgment debtor fails to comply with the decree or an order of the Court issued in accordance with the judgment, The judgment creditor (the party who won the case) shall be entitled to request the execution by means of seizure of property, attachment of claims or other execution measures.
In accordance with the Civil Procedure Law of Thailand, Section 275, the judgment creditor may file to the court an ex parte (one-sided) application for a writ of execution. The application shall expressly mention:
- the judgment or order under which execution is applied for;
- the extent to which such judgment or order has remained unsatisfied;
- the measures of execution for which the writ is applied for.
The legal execution process shall not be enforced with a third party not involved with the case or who is not the judgment debtor. In addition, in case of seizure of property, we have to be concerned about the ownership of such property. If such property belongs to another person, the law will protect their right; he or she shall submit the request to release the property from legal execution.
Moreover, the legal execution process must be requested by the judgment creditor within 10 years from the date of rendering the final judgment of the Court. Furthermore, if the judgment or order requires the obligation to be performed in installments on a monthly or annual basis, or be performed in the future, such period will be counted from the date on which the performance of obligations under such judgment is enforceable.
In reference to the request from the judgment creditor, it shall be declared the obligations have not been performed by the judgment debtor yet as well as the method that they wish to the Court to proceed in the legal execution process. Once the Court agrees with such an application, an executing officer shall be appointed by the Court in managing this process. While the Court is considering such a request, the judgment creditor shall have the right to request a measurement to protect their benefits as well.
We have been reckoned that the problem arising in the legal execution process may be related to the delay of the judgment creditor in proposing the application to conduct the legal execution or method to request the Court to exercise some measure with the judgment debtor’s asset. These must require the attorney in assisting them to finalize the case. We, as one of the litigation law firms, would be pleased to offer and serve you the legal service from the commencement of the case until it is accomplished.