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Responses to Inquiries Relating to Enforcement of Civil Cases Judgment Legal Execution Department, Ministry of Justice http : www.facebook.com Legal Execution Department

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Page 1: Responses to Inquiries Relating LED to Enforcement of

Responses to Inquiries Relating to Enforcement of Civil Cases Judgment

Legal Execution Department, Ministry of Justice

LED Property

LED Property Plus

LED Debt Info

LED ABC (Application Bankruotcy Checking)

LED Streaming

LED Property

LED Property Plus

LED Debt Info

LED ABC (Application Bankruotcy Checking)

LED Streaming

Legal Execution Department, Ministry of Justice189/1 Bangkhunnon Road, BangKhunnon Sub-District,

Bangkok Noi District, Bangkok 10700Tel. 0 2881 4999, Hotline 1111 ext. 79

www.led.go.th

Legal Execution Department, Ministry of Justice189/1 Bangkhunnon Road, BangKhunnon Sub-District,

Bangkok Noi District, Bangkok 10700Tel. 0 2881 4999, Hotline 1111 ext. 79

www.led.go.th

LED 4.0 Application on MobileLED 4.0 Application on Mobile

http : www.facebook.comLegal Execution Department

Page 2: Responses to Inquiries Relating LED to Enforcement of

Responses to Inquiries Relating

to Enforcement of Civil Cases Judgment

Page 3: Responses to Inquiries Relating LED to Enforcement of

Content

What is enforcement of civil case judgment ? 3

How is civil case judgment enforced ? 4

How can I ask an enforcement officer to seize 4

the judgment debtor’s property ?

How can I ask an enforcement officer to attach 7

the judgment debtor’s property ?

What documents are needed when requesting 7

a reduction in the salary attachment ?

When will the judgment creditor receive 8

payment once the property is seized or attached ?

When will the public auction start ? 9

What is needed to collect the money ? 9

How can I participate in the public auction ? 10

Where can I contact the enforcement officer ? 14

Location of Civil Case Enforcement 15

Bnagkok Office 1-6

The Legal Execution Department Hotline 1111 ext. 79

Responses to Inquiries Relating to Enforcement of Civil Case Judgment2

Page 4: Responses to Inquiries Relating LED to Enforcement of

What is enforcement of civil case Judgment? A civil case means a lawsuit brought to redress

a private wrong action to enforce civil remedies including

monetary compensation, injunction, or performance.

If a judgment debtor does not comply with the court

order or judgment, a judgment creditor shall proceed

a civil enforcement procedure. The judgment creditor

cannot enforce the judgment by him/herself. The

enforcement needs to be done by “the enforcement

officers” who, by law, obtain powers and duties to

enforce civil cases. Recently, the enforcement

officers are the government officers under the Legal

Execution Department.

Content

What is enforcement of civil case judgment ? 3

How is civil case judgment enforced ? 4

How can I ask an enforcement officer to seize 4

the judgment debtor’s property ?

How can I ask an enforcement officer to attach 7

the judgment debtor’s property ?

What documents are needed when requesting 7

a reduction in the salary attachment ?

When will the judgment creditor receive 8

payment once the property is seized or attached ?

When will the public auction start ? 9

What is needed to collect the money ? 9

How can I participate in the public auction ? 10

Where can I contact the enforcement officer ? 14

Location of Civil Case Enforcement 15

Bnagkok Office 1-6

Responses to Inquiries Relating to Enforcement of Civil Case Judgment

The Legal Execution Department www.led.go.th Tel. 0-2881-4999

3

Page 5: Responses to Inquiries Relating LED to Enforcement of

How is civil case judgment enforced? If you are a judgment creditor, first of all, you

have to file a request with the court for a writ of

execution and ask for appointment of enforcement

officer. After that, you need to contact the enforcement

officer to process the enforcement procedure. The

enforcement officer shall seize or attach the property

of the judgment debtor, evict and remove the structure,

or conduct other juristic actions as the court ordered.

How can I ask an enforcement officer to seize the judgment debtor’s property? In order to request the enforcement officer to

seize the property, you need to submit the required

documents as follows;

1. Seizure of immovable property such as

land or building

2 , 500 Bah t o f d i sbu r semen t a s an

advance payment to the enforcement officer to

notify the judgment debtor of the seizure and

conduct the public auction. These expense will be

reimbursed after the property is sold ;

The Legal Execution Department Hotline 1111 ext. 79

Responses to Inquiries Relating to Enforcement of Civil Case Judgment4

Page 6: Responses to Inquiries Relating LED to Enforcement of

The original certificate of ownership such as

title deed, certificate of utilization (N.S.3 K.), certificate of

entitlement of a condominium unit, or other document

of rights. If you do not have an original document, you can

bring a copy which is certified within 1 month by registry

officer. In the case of seizure on copy of such documents,

you must review registration index whether the court

has rendered seizure or attachment order in criminal

case with the registry officer or not;

Copy of house registration of the judgment

debtor or the owner; the certificate of condominium

juristic person; or J.S.K.10 in case of land allotment,

Responses to Inquiries Relating to Enforcement of Civil Case Judgment

The Legal Execution Department www.led.go.th Tel. 0-2881-4999

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2 copies of map showing location and

direction to the property,

Recent photo of the property with the

statement specifying size, width, length and the

conditions of the property, and

The assessed price of the land, structure,

or condominium unit which is certified within 1 month

by registry officer.

2. Seizure of movable property such as car

or household property

advance payment for expenses in the

amount of 1,500 Baht

If such property is registered property such

as firearm, car, or stock, you shall submit the certificate

of registration or stock certificate. If you do not have

the original document, you can submit the copy which is

certified within 1 month by registry officer.

You have to prepare vehicle to take the

enforcement officer to seize the property at its place

and assistance to help moving the property to the

storage place where the enforcement officer deems

appropriate.

The Legal Execution Department Hotline 1111 ext. 79

Responses to Inquiries Relating to Enforcement of Civil Case Judgment6

Page 8: Responses to Inquiries Relating LED to Enforcement of

How can I ask an enforcement officer to attach the judgment debtor’s property? You have to request to the enforcement officer to conduct the attachment. Your statement shall define the type of property you’re willing to attach. Moreover, you have to submit the copy of house registration or the certificate of registration of juristic person of the judgment debtor or other interested person associated with the right of claim. The document has to be certified within 1 month by the registry officer. You also have to submit a copy list of court fees, copy of house registration, certificate of registration of juristic person of the employer or third party who will receive the attachment order, and advance payment for expenses in the amount of

1,500 Baht.

What documents are needed when requesting a reduction in the salary attachment? The documents that the judgment debtor needs to prepare for the request for reduction of attached

salary are pay slip or salary certificate, receipt of

Responses to Inquiries Relating to Enforcement of Civil Case Judgment

The Legal Execution Department www.led.go.th Tel. 0-2881-4999

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Page 9: Responses to Inquiries Relating LED to Enforcement of

necessary expenses such as utility bill, electricity bill,

or rental payment. If you have a child, you need to

bring your child’s birth certificate to the enforcement

officer for consideration.

When will the judgment creditor receive payment once the property is seized or attached? You will receive the money after the seized

property is sold at the public auction. If you request

for the attachment, you will receive the money after

the money is delivered to the enforcement officer. After

that, the enforcement officer will prepare the

distribution account. You shall check the correctness

before receiving the money. If you view that the

distribution account is not correct, you can file an

objection with the enforcement officer. The payment

wil l be postponed unti l the dispute on the

distribution account is resolved.

The Legal Execution Department Hotline 1111 ext. 79

Responses to Inquiries Relating to Enforcement of Civil Case Judgment8

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When will the public auction start? The enforcement officer will conduct the public auction after notifying to the judgment debtor and registry officers of the seizure. The enforcement officer will announce the public auction and posting the selling location, date and time in the public auction announcement and submit the public auction announcement to related parties in the case. Nowadays, you can review the details of property

at the LED website.

What is needed to collect the money? If you go to receive the money by yourself, you have to bring your national ID card or other government-issued photo identification card. If you authorize an appointee, you have to use the LED’s Power of Attorney form together with your ID card. Your appointee have to bring the said documents to the enforcement officer for verification. If a judgment creditor is a juristic person, you must present the

certificate of registration.

Responses to Inquiries Relating to Enforcement of Civil Case Judgment

The Legal Execution Department www.led.go.th Tel. 0-2881-4999

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How can I participate in the public auction? Firstly, you should review the details of the

property you’re willing to bid before participating in

public auction. You can check the property details

from the public auction announcement which

contains date, time and place of the public auction,

conditions for the bidding, cautions for the bidders,

and map demonstrating the direction to such property.

The announcement deems that all participants

know the conditions of the property completely.

[email protected]

Symon StanyCo-Founder/Director

+12 (001) 101 4321

[email protected]

Issued by Manager HR

1102/108 Albert Street,

Brisbane QLD 4000

This card is non-transferable.

Always carry your card during o�ce hours.

In case of loss, inform issuing authority.

If found, please post it to given address.

Employee No.: CM-001

CNIC No.: 12312-2174058-1

Blood Group: B+

Date of Issue: 01-Oct-2016

Date of Expiry : 30-Sep-2018

The Legal Execution Department Hotline 1111 ext. 79

Responses to Inquiries Relating to Enforcement of Civil Case Judgment10

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If you wish to bid at the public auction, you have

to deposit the security with the enforcement officer.

The security could be either cash or cashier cheque

payable to Civil Case Enforcement Bangkok 1 to 6,

or Provincial Legal Execution Office or branches,

depending on your case jurisdiction. The amount of

security, procedure and conditions of public auction

are stated in Ministerial Regulation on Setting Rules,

Measures and Conditions of Public Auction. Unless you

have the right to offset the purchased price or you are

a spouse who the court permitted to hold the right

to share value, you need to enter into the contract with

the LED in order to sustain your right to bid such property.

If you do not win the auction, the enforcement

officer will immediately return your security on that

day after the auction is closed.

The purchaser of movable property has to pay

the full price on the purchase date. Unless the price

of movable property is more than 500,000 Baht,

you may request to postpone the payment of the

Responses to Inquiries Relating to Enforcement of Civil Case Judgment

The Legal Execution Department www.led.go.th Tel. 0-2881-4999

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Page 13: Responses to Inquiries Relating LED to Enforcement of

remaining price to the enforcement officer. Your

request has to specify your necessity in postponing

the residual payment.

If the property is immovable property such as

land, land with building or condominium unit, the

purchaser has to contract for bidding by using

the LED’s form. The security shall be deemed as partial

payment. The buyer has to pay the remaining money

within 15 days after the purchase date. The payment

period can be extended no longer than 3 months

after the 15 days period has passed. If the purchaser

fails to pay the full amount of the price within the

deadline, the enforcement officer shall forfeit the

deposit and the purchaser whose deposit is forfeited

will be kept in the LED record file. The property

will be put for sale in a new auction. If the highest

price, including expenses, in the renewed-auction is lower than the previous proposed price, the enforcement officer will inform the former purchaser to pay the difference within the stipulated time. If the former purchaser does not make the payment,

The Legal Execution Department Hotline 1111 ext. 79

Responses to Inquiries Relating to Enforcement of Civil Case Judgment12

Page 14: Responses to Inquiries Relating LED to Enforcement of

the enforcement officer will inform the interested person to proceed further legal action. ***In a case where the enforcement officer announces the renewed auction due to the previous purchaser does not pay the remaining price and such person, whose deposit is forfeited, wishes to participate in the renewed auction, he or she needs to place the extra security in an amount stated in the renewed auction. If you cannot participate in the public auction by yourself, you can authorize an appointee by making a Power of Attorney with copy of your and your appointee ID card and deposit security for bidding either in cash, cashier cheque, via EDC (Electronic Data capture) as stated in the public auction announcement. The appointee shall submit the Power of Attorney to the enforcement officer before bidding, otherwise the bid will be deemed as his or her own bid unchangeably. If the bidder is a juristic person, the cert ificate issued by Department of Business Development and the Power of Attorney of authorized director have to be submitted to the enforcement

officer before bidding.

Responses to Inquiries Relating to Enforcement of Civil Case Judgment

The Legal Execution Department www.led.go.th Tel. 0-2881-4999

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Page 15: Responses to Inquiries Relating LED to Enforcement of

Where can I contact the enforcement officer? For more convenient and speedy communication with the enforcement officer, you should check which court has issued the writ of execution on your case. If your case is subject to a Provincial Court, you can contact enforcement officer in such province. If the court jurisdiction is located in Bangkok, you can contact any of Civil Case Enforcement Bangkok Office 1-6. The Legal Execution Department has established six Bangkok Offices to facilitate people in enforcing civil cases such as seizure, eviction, removal of the structure, attachment, distribution, and deposit of property. The Bangkok Offices are divided by the court jurisdictions as follows ;

The Legal Execution Department Hotline 1111 ext. 79

Responses to Inquiries Relating to Enforcement of Civil Case Judgment14

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Location of Civil Case Enforcement Bangkok Office 1-6

Civil Case Enforcement Bangkok Office 1 For civil cases under the jurisdiction of Civil Court, Bangkok North Kwaeng Court, Dusit Kwaeng Court, Central Tax Court, and Central Intellectual Property and International Trade Court Located at Pracha Niwet 1Square Building 2nd Floor,Tessaban Nimit Nuea Road, Lat Yoa, Chajuchak District, Bangkok 10900 Telephone : 0-2012-4200 (Auto 6 Line)

Fax : 0-2012-4202-3

Responses to Inquiries Relating to Enforcement of Civil Case Judgment

The Legal Execution Department www.led.go.th Tel. 0-2881-4999

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Civil Case Enforcement Bangkok Office 2 For civil cases under the jurisdiction of Bangkok South Civil Court, Bangkok South Kwaeng Court, Phatum Wan Kwaeng Court, and Central Labor Court Located at 43 Thai CC Tower South-Sathorn Road, Yannawa, Sathorn District, Bangkok 10120 Telephone : 0-2672-3186-90 Fax : 0-2672-3622, 0-2672-3624, 0-2672-3626

Civil Case Enforcement Bangkok Office 3 For civil cases under the jurisdiction of Min Buri Provicial Court Located at 10/1 (Seang Somboon Shopping Center) Sihaburanukit Road, Min Buri, Min Buri District, Bangkok 10510 Telephone : 0-2517-7987-8 , 0-2517-7984-5 Fax : 0-2517-7989

Civil Case Enforcement Bangkok Office 4 For civil cases under the jurisdiction of Taling Chan Kwaeng Court, Taling Chan Provincial Court, and Central Juvenile and Family Court Located at 189/1 Legal Execution Deparment

The Legal Execution Department Hotline 1111 ext. 79

Responses to Inquiries Relating to Enforcement of Civil Case Judgment16

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Bui ld ing , Bangkhunnon Road, Bangkhunnon, Bangkok Noi District, Bangkok 10700 Telephone : 0-2881-4999 ext. 3101, 3210, 3330 Fax : 0-2887-5039, 0-2881-4855, 0-2887-5170

Civil Case Enforcement Bangkok Office 5 For civil cases under the jurisdiction of Pra Khanong Kwaeng Court, and Pra Khanong Provincial Court Located at 223/6-12 Country Tower A 7th Floor Sanphawut Road, Bang Na District, Bangkok 10260 Telephone : 0-2361-4217-9 Fax : 0-2361-4214

Civil Case Enforcement Bangkok Office 6 For civil cases under the jurisdiction of Thon Buri Kwaeng Court, Thon Buri Civil Court, and Thon Buri Criminal Court Located at 189/1 Legal Execution Department Building, Bangkhunnon Road, Bangkhunnon, Bangkok Noi District, Bangkok 10700 Telephone : 0-2881-4982, 0-2881-4362, 0-2881-4999 ext. 2565, 2566, 2124 Fax : 0-2881-4888

Responses to Inquiries Relating to Enforcement of Civil Case Judgment

The Legal Execution Department www.led.go.th Tel. 0-2881-4999

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The Legal Execution Department Hotline 1111 ext. 79

Responses to Inquiries Relating to Enforcement of Civil Case Judgment18

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Responses to Inquiries Relating to Enforcement of Civil Case Judgment

The Legal Execution Department www.led.go.th Tel. 0-2881-4999

19

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The Legal Execution Department Hotline 1111 ext. 79

Responses to Inquiries Relating to Enforcement of Civil Case Judgment20

Page 22: Responses to Inquiries Relating LED to Enforcement of

Responses to Inquiries Relating to Enforcement of Civil Cases Judgment

Legal Execution Department, Ministry of Justice

LED Property

LED Property Plus

LED Debt Info

LED ABC (Application Bankruotcy Checking)

LED Streaming

LED Property

LED Property Plus

LED Debt Info

LED ABC (Application Bankruotcy Checking)

LED Streaming

Legal Execution Department, Ministry of Justice189/1 Bangkhunnon Road, BangKhunnon Sub-District,

Bangkok Noi District, Bangkok 10700Tel. 0 2881 4999, Hotline 1111 ext. 79

www.led.go.th

Legal Execution Department, Ministry of Justice189/1 Bangkhunnon Road, BangKhunnon Sub-District,

Bangkok Noi District, Bangkok 10700Tel. 0 2881 4999, Hotline 1111 ext. 79

www.led.go.th

LED 4.0 Application on MobileLED 4.0 Application on Mobile

http : www.facebook.comLegal Execution Department