Our litigations lawyers in Thailand have handled a wide number of cases in the process of enforcement and execution and our firm H&P would like to summarize the process of enforcement in civil proceedings in Thailand. In a civil lawsuit, the process does not end merely with the court having the judgment. Following the court judgment, there are further judicial proceedings that must be carried out.
Specifically, in cases where the court has issued a judgment or order requiring the enforcement of action or debt repayment to the counterpart, the process following the court’s judgment is known as the “Judgment execution proceedings”.
The parties in the case will no longer be referred to as the plaintiff and the defendant, but in the enforcement stage, will be referred to as the judgment creditor and the judgment debtor respectively:
∙ “The judgment creditor” is the party or person winning the case or the person entitled to the performance of an obligation.
∙ “The judgment debtor” is the party or person losing the case or the person subject to the court’s judgement or order to perform an obligation.
In the judgment hearing appointment, when the court has issued a judgment, it will issue an ‘enforcement order’ along with the court judgment, requiring the judgment debtor to comply with the judgment. The timeframe within which the judgment debtor is required to comply with the judgment begins upon the judgment debtor’s awareness of their obligation to adhere to it.
In case the judgment debtor appears in court in aforementioned appointment, it shall be deemed that the debtor is aware of the judgment. However, if the judgment debtor fails to appear in court for hearing the judgment, it becomes the responsibility of the judgment creditor to serve the enforcement order along with the judgment to the judgment debtor.
Once the judgment debtor becomes aware of the debt they are required to fulfill in accordance with the judgment, they must settle the debt within the timeframe specified in that judgment.
However, if the judgment debtor is unable to settle the debt, either in full or in part, within the specified timeframe, the case will proceed to the enforcement stage. This involves seizing the debtor’s assets to satisfy the debt owed to the judgment creditor.
In principle, an enforcement officer must be appointed to carry out the enforcement proceedings to ensure the judgment creditor receives payment as ruled by the court. The enforcement must be completed within 10 years from the date of the judgment or order.
To request enforcement proceedings, the judgment creditor must submit a formal application specifying the following details clearly:
-The debt or obligations that the judgment debtor has failed to fulfill in accordance with the enforcement order.
-The method of enforcement being requested for the court to undertake.
Once an enforcement officer is appointed and a request for enforcement has been made, an asset investigation must be conducted to locate the judgment debtor’s assets. This allows the enforcement officer to proceed with the requested enforcement methods as ordered by the court.
The methods of enforcement requested from the court depends on the type of debt specified in the judgment.
For example, in the case of a monetary debt, enforcement may involve the seizure of assets, garnishment of claims, or the sale of assets through public auction or other methods, then the assets obtained from the seizure or the claims acquired through attachment, for instance, would be used to satisfy the debt or in the case of an obligation to perform an act or to refrain from performing an act, the court’s judgment shall be deemed as representing the intention of the judgment debtor to comply with the judgment.
Nevertheless, the enforcement proceedings described above cannot involve the seizure of assets, attachment of claims, or the sale of assets through public auction or other methods if there are multiple creditors, unless the proceeds are sufficient to satisfy the debt owed to the judgment creditor. Additionally, the assets seized must belong to the judgment debtor.
The enforcement process is inherently complex and requires a high level of expertise. Therefore, it is essential to engage a specialized lawyer to handle the proceedings.
If you want to talk with H&P litigation lawyers in Thailand, please contact us via [email protected]
