Page 116 - Demo

Interesting facts about enforcement of civil case judgment115In the case that the court rules that a debtor must pay monthlyalimonies but the debtor has failed to do so for more than one year, can the creditor ask for attachment of the debtor%u2019s salary for both the current amount and the amount in arrears? In the case that the court ordered a debtor to make monthly payments, theenforcementofficerwillattachtheamountorderedbythecourtwithoutenforcing the provisions of Section 302(1) of the Civil Procedure Code (even though it will result in the debtor having the salary after attachment less than20,000baht).Therefore,thecreditorcanasktheenforcementofficertoorder the debtor to pay monthly alimonies from the date that the creditor filesamotionforsalaryattachment(asorderedbythecourt).For the alimonies in arrears, if the creditor wishes to ask for additional salaryattachment,thecreditorcaninformtheenforcementofficertomakesuchattachment.However,theenforcementofficerwilltakethefactsofthe case into consideration before issuing an order. Parties to the lawsuit can submit a motion to the court to order otherwise. ThecreditorcanleadtheenforcementofficertoseizeNo.16QuestionAnswerthe debtor%u2019s property or to attach the debtor%u2019s other rights to claim to pay for the alimonies in arrears as stipulated in the court judgement.