Page 101 - Demo

100Interesting facts about enforcement of civil case judgment1. After a writ of execution has been issued by the court, the judgement creditor can request for attachment of the debtor%u2019s salary. The enforcement officerwillconducttheattachmentasfollows:%u2022Salary, wages, pensions, reimbursements, subvention or other incomesof the same nature of a staff member, employee or worker will be attached as requested, but the non-attached amount that remains at that time must not be less 20,000 baht. %u2022No more than 50 percent of the debtor%u2019s bonus can be attached.%u2022No more than 30 percent of the debtor%u2019s performance rewards or overtime payment can be attached.%u2022Termination of employment payment can be attached but the remaining amount after attachment must not be less than 300,000 baht. 2. When a receiver of an attachment order (the employer) receives anattachmentorderfromtheenforcementofficer,suchpersonmuststrictlycomplywiththeorder.Incaseofdifficulty,theemployermustinformtheenforcementofficerorheorshemaybeliabletodebtrepaymentforthe attached amount that the employer fails to deliver to the enforcement officer,asifheorsheisthejudgementdebtor.Inthatcasethecreditorcould submit a motion to the court to hold an inquiry into such failure in order to force the employer to deliver the attached amount of money. If the employer still fails to comply with the order, the creditor may ask for an enforcement against the employer.3. In the case that the debtor wishes to deliver the attached money orderedbytheenforcementofficeronhisorherown,thedebtormustreachanagreementwiththeemployerfirstbecauseitistheobligationofthe employer to deliver the attached money. When the debtor is the person delivering the attached money, it shall be deemed that the debtor is delivering the employer%u2019s money. In doing so, the debtor must present a receipt issued bytheenforcementofficertotheemployerforacknowledgementateachpayment. If the debtor fails to deliver the attached money, the employer willbeheldaccountableasspecifiedin2.AnswerQuestionWhen a debtor with debts from credit card and personal loan totaling to several hundred thousand baht has been prosecuted and the court rules that the debtor must make repay the debts, what are the procedures for attachment of the debtor%u2019s salary. Can the debtor pay attached salary on his/her own?No.1BONUS