Page 97 - Demo

96Interesting facts about enforcement of civil case judgment%u0009 Aseizureofpropertybyanenforcementofficermustbeperformedundertheleadofthepersonspecifiedinthewritofexecution.Whenthefactsin the writ of execution appear that the plaintiff won the case, the court shall appoint the plaintiff to lead the seizure. If it is the defendant who won the case, the court shall appoint the defendant to lead the seizure. That person must be present at the place of seizure to identify the property to be seizedbytheenforcementofficer,andmustassisttheenforcementofficerasrequested.Theenforcementofficerisaccompaniedbytheleaderduringa seizure (either the plaintiff or the defendant who won the case) under the court order. In a %u201cseizure of property%u201d which is a household property or a car, a motorcycle or machinery, why does the plaintiff have to accompany an enforcement officer?No.15 from such sale will be paid as debt repayment to the plaintiff. If the proceedsfromthesaleareinsufficient,moreofthedefendant%u2019spropertiesshall be seized for full debt repayment to the plaintiff.In the above example, the creditor (the plaintiff) requests for seizure of the mortgaged land property under title deed No. XXX,which is located in Thub Thiang Sub-district, Mueang District of Trang Province, with the debtor%u2019s (the defendant%u2019s) structure on 7 July 1999. Theenforcementofficersoldthepropertybypublicauctionon2December1999 for 690,000 baht. It appears that the accounting debt owed to the creditor which includes the principal and its calculated interests up to 2 December 1999, amounts to 908,030.96 baht. When the proceeds from the auction sale of 690,000 bath was deducted by the auction expenses and fees of 40,551 baht (690,000 %u2013 40,551), the remaining proceeds of 649,449 baht were paid to the plaintiff (908,030.96 %u2013 649,449), the debtor had the outstanding debt of 258.581.96 bath plus interests calculated at the rate of 7.5%. The creditor can request for seizure of the debtor%u2019s (the defendant%u2019s) other properties within the case%u2019s 10-year prescription period from the court judgement or court order date.QuestionAnswer