Article 169/2: Who bears the costs of execution

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 960/2566 (2023)

   Section 169/2 makes the judgment creditor who applied for the seizure or attachment liable for the costs of execution where the execution is withdrawn otherwise than under Section 292 (1) and (5). Where the seizure and the auction were set aside for reasons falling outside Section 292 (2), (3), (4), (6) and (7), and not through any fault or gross negligence of the creditor, there is no proper ground to charge the creditor with the withdrawal fee for property seized but not sold.

   The plaintiffs had executed against three condominium units registered in the defendant's name, and the trial court later set aside the seizure and the auction. The lower courts made the plaintiffs pay the officer's fee for property seized but not sold. The Supreme Court reversed. Their execution had not been carried out without right or in bad faith, the setting aside did not fall within Section 292 (2), (3), (4), (6) or (7), and it did not arise from any fault or gross negligence of theirs, so there was no proper ground to make them bear that fee.

2. Arrêt de la Cour suprême n° 643/2566 (2023)

   Read with Section 153 paragraph two, Section 169/2 paragraph four places the execution costs, where execution is withdrawn outside Section 292 (1) and (5), on the judgment creditor who applied to seize the mortgaged property for sale by public auction.

   The court explained that execution costs are a fee the executing officer charges the party requesting enforcement, which under Section 153 paragraph two the creditor pays, and that Section 169/2 paragraph four makes the creditor who applied for the seizure liable where execution is withdrawn outside Section 292 (1) and (5). The plaintiff was the party who had asked to seize and auction the mortgaged property.

3. Arrêt de la Cour suprême n° 3336/2564 (2021)

   Where a judgment creditor notifies the executing officer in writing that it waives its right to enforce, that is a withdrawal of execution under Section 292 (6), which is outside Section 292 (1) and (5), so under Section 169/2 paragraph four the creditor who applied for the attachment must pay the fee for an attachment with no sale.

   The plaintiff, as judgment creditor, had notified the officer in writing that it waived its right to enforce, which withdrew the execution under Section 292 (6). Because that falls outside Section 292 (1) and (5), the court held under Section 169/2 paragraph four that the plaintiff who applied for the attachment must pay the fee for an attachment with no sale.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.